Welcome to Privacy365! These Terms of Service (the “Terms”) are a written contract (the “Agreement”) between you and/or your company (collectively, “you”) and Privacy365 (“Company,” “we,” “our,” or “us”) and apply to your use of our website and any related websites, applications, platforms, or anywhere these Terms appear or are linked (collectively, the “Website”). These Terms also apply to your purchase and use of services (“Services”) through the Website. By accessing or using the Website or creating an account, you agree to be bound by these Terms. If you don’t agree to these Terms, then you must stop using the Website and should not purchase any Services.
These Terms contain provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. See below for full details.
We take your privacy very seriously; as such, our Privacy Policy is an important part of and incorporated by reference into this Agreement. The Privacy Policy explains how we collect information from you and how we use and share that information to provide our Website.
This section governs any dispute between you and Company, and how disputes will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between Company and you, and not to disputes between you and any other user or third-party.
Under these Terms, ANY DISPUTE OR CLAIM BETWEEN YOU AND US RELATING TO YOUR USE OF THE WEBSITE, THESE TERMS, THE PRIVACY POLICY, OR ANY OF THE OTHER TERMS AND POLICIES LISTED IN THESE TERMS MUST BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION. This means that we all agree that we will only resolve our legal disputes through arbitration and not in a court of law. Without this Arbitration Agreement, you would have the right to sue in court with a jury trial.
The arbitration must be filed and conducted through JAMS (www.jamsadr.com), which is a provider of arbitration services in the United States and internationally. JAMS’ Streamlined Rules will apply to the arbitration. All claims, remedies, and defenses that either you or we have under applicable law (whether federal, state, or local) will remain available to us in the arbitration. Each of us will participate in choosing a neutral arbitrator using the process in the Streamlined Rules. Unless you waive this requirement, the final arbitration hearing (which is like a trial) will take place in person at the JAMS facility closest to your home. The arbitrator’s award will consist of a written statement explaining the arbitrator’s decision on each claim. The award will also include a concise written statement of the findings of fact and conclusions of law on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
In most cases, the only fee you will have to pay to JAMS is $250; we will pay all other arbitration costs. However, if the arbitrator decides that you filed your claim in bad faith and without any legal basis, the arbitrator can require you to pay more (or even all) of the JAMS fees for the arbitration.
The JAMS fees do not include attorneys’ fees. Regardless of who wins the claim, you will be responsible for paying your attorneys’ fees and we will be responsible for paying ours. The only exception is if the claim is brought under a law that specifically allows a party to recover its attorneys’ fees. If this applies, the arbitrator may award attorneys’ fees as they see fit under such law.
The laws of Florida govern these Terms. The arbitration will apply Florida law to the claims in the arbitration.
You and we agree that we will only file claims against each other individually and not as a plaintiff or class member in a representative proceeding. THIS MEANS CLASS ACTIONS ARE NOT ALLOWED.
There are things an arbitrator cannot do, like order a party to act or stop doing something—this is known as “equitable relief.” Either one of us can go to court and seek equitable relief, including by filing a motion to compel the other party to honor the arbitration agreement. However, you and we agree that the only courts where we will seek equitable relief—or file any legal proceeding outside of arbitration—are the state and federal courts in Orlando, Florida. This exception for equitable relief does not waive our Arbitration Agreement.
You agree to pay Company all fees associated with any purchase made by you through the Website.
Company may offer some of its Services on a subscription basis. The details of your “Subscription Plan,” such as the timing and amount of each payment, will be conveyed to you when you first enroll. By purchasing a Subscription Plan, you understand and agree that your credit or debit card on file will continue to be charged for additional subscription periods until you change or cancel your subscription.
To change or cancel your Subscription Plan, you may either log into your Account and go to the Subscription page or email Company at support@privacy365.com. If you choose to change or cancel your Subscription by email, you must provide Company sufficient information to identify your Account, such as your username, real name, billing address, and the email address associated with the Account. To take effect before your next payment, you must change or cancel your Subscription Plan at least three (3) business days in advance of such payment. If you cancel your Subscription Plan in the middle of a payment period, you will not receive a prorated refund; instead, you will continue to have access to the benefits of your Subscription Plan until the end of such payment period.
Company may find it necessary to change the fees for your Subscription Plan and reserves the right to do so. We may lower your Subscription Plan fees so long as your Subscription Plan maintains the same features and access level. We will not increase rates for your Subscription Plan without giving you advanced notice and an opportunity to cancel your Subscription Plan before incurring the increased fees. If you fail to cancel your Subscription Plan during this notice window, you will be charged the increased fees.
Due to the nature of the Services, refunds are only issued on a case-by-case basis. If you are ever unsatisfied, please contact us at support@privacy365.com and we will work with you to resolve your concerns. If you are issued a refund, it will be posted to your original payment method within 10 business days.
If you believe that you have been erroneously billed, you may contact us at support@privacy365.com to immediately notify us of such error.
By accessing and/or using the Website, including by doing so after accessing this Agreement, you represent and warrant that you are at least 18 years old, and are otherwise legally qualified to enter and form contracts under applicable law. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.
We may ask you to create a user account (your “Account”) to access certain parts of the Service. You represent and warrant that you will only provide complete and accurate information to us in connection with your Account. This means you cannot set up your Account in a manner that impersonates another person or business. If you violate this policy, we may terminate your Account and cancel your Subscription Plan.
It is up to you to ensure your username and password are secure. You agree not to share your Account login details with anyone else. If you believe your Account has been accessed without your permission, you should immediately notify us.
You retain ownership over all the personal information that you submit to the Service. To fulfill your opt-out requests, we have to send your information to data brokers, which necessarily requires sharing your data. We cannot control how these third-party data brokers will treat your personal information, although it is only provided to them so that they can opt you out of their public databases. For more information about how your information is shared and used, please review our Privacy Policy.
You grant Company a limited power of attorney to act on your behalf for the purposes of performing the Service, including submitting opt-out requests and communicating with third-party websites like data brokers, aggregators, or other parties who have control over content, signing opt-out documents, creating accounts for you, and any other action Company reasonably deems necessary to remove, suppress, or opt-out your personal information from unwanted sources in fulfillment of the Service. This limited power of attorney will remain in full force and effect until you cancel your Subscription Plan and Account with Company. You may also contact us at support@privacy365.com with instructions to revoke Company’s rights under the limited power of attorney.
You will indemnify and hold harmless Company, its parents, subsidiaries, customers, vendors, officers, and employees from any liability, damage or cost from any claim or demand associated with your use of the Website or Service.
Through the Service, Company will help with the removal and/or suppression of your personal information from websites, including data brokers and information aggregators. You understand and acknowledge that Company will use good faith, reasonable efforts to perform the Service, but we cannot guarantee that third parties will honor all removal requests of your information. Additionally, you understand that our removal list depends on different factors including websites’ opt-out procedures and business practices and that these are always subject to change. We will not be able to remove all of your information from the Internet. You understand that the Service is provided on an as-is basis, without warranties of any kind.
Third parties are any person or business other than you or us—in other words, someone who is not a party to this Agreement. Here are a few examples of third parties:
Opinions, advice, statements, or other information made available through the Website by third parties are those of their respective authors and should not necessarily be relied upon. Those authors are solely responsible for their content. Company does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Service. Under no circumstances will Company be responsible for any loss or damage resulting from your reliance on information or other content posted through the Service transmitted to or by any third party.
The Website may be linked with the websites of third parties (Third Party Websites), including vendors, some of whom may have established relationships with Company and some of whom may not. Company does not have control over the content and performance of Third-Party Websites. Company has not reviewed, and cannot review or control, all the material, including computer software or other goods or services, made available on Third Party Websites. Accordingly, Company does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Websites. Company deisclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.
When you access the Website or Service through a mobile network, your mobile provider’s rates and fees regarding data usage, minutes, and messaging may apply.
You consent to receive electronic communications from us, such as text messages and emails. Where required by law, we will provide you an additional, express opportunity to opt-in to receive such messages. You can always opt out of receiving electronic communications as follows:
For text messages, standard messaging rates will apply. You agree that all texts, calls, and prerecorded messages may be generated by automatic dialing systems.
So long as you comply with the terms of this Agreement (including all additional policies linked below), Company grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website and Service. This license does not allow you to reproduce, modify, duplicate, copy, sell, resell, distribute, transmit, or otherwise exploit (for any commercial purpose or otherwise) any part of the Website unless you first obtain our written permission. We reserve all rights not expressly granted in this Agreement. If you breach any provision of this Agreement, your license will automatically terminate.
Our name, logo, product names, the Website domain, and all content and other materials available through the Website and Service (collectively, the “Company IP”) are trademarks, copyrights, and intellectual property that are owned by Company and our Third Party licensors and suppliers. Nothing in this Agreement grants you any right, title, license, or interest in the Company IP. You shall not at any time, nor shall you assist others to, challenge Company’s right, title, or interest in, or the validity of, the Company IP.
We impose certain restrictions on your use of the Website. You are prohibited from doing any of the following:
A warranty is a promise made by a business to a consumer about the business’s products or services. The law assumes a business has made certain warranties unless it disclaims them. When a business “disclaims” a warranty, it is the equivalent of saying “we are not making this promise to you.”
UNLESS WE EXPRESSLY WARRANT SOMETHING IN THIS AGREEMENT, WE DISCLAIM ANY AND ALL WARRANTIES TO YOU, INCLUDING EACH OF THE FOLLOWING WARRANTIES: ALL WARRANTIES ARISING BY OPERATION OF LAW OR OTHERWISE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NO ENCUMBRANCE, OR TITLE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICES.
WE DO NOT WARRANT THAT THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE DO NOT WARRANT THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL FUNCTION ERROR-FREE.
This section limits the types of claims you can bring against us. These limitations help us reduce the risks associated with providing the Website and Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST CONTENT OR OTHER DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY, INCLUDING GOOD FAITH OR REASONABLE CARE. THESE LIMITATIONS APPLY REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES.
You represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if different than 18).
If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act on behalf of that company, including by agreeing to binding contracts.
You consent to receive notices, disclosures, and other communications electronically at the email address linked with your Account. You agree that these electronic notices satisfy any legal requirements that such communications be in writing.
The provisions of this Agreement which, by their nature, should survive termination shall survive such termination, including the sections entitle ARBITRATION, INTELLECTUAL PROPERTY, DISCLAIMERS AND LIMITATIONS, and MISCELLANEOUS PROVISIONS.
If any provision of this Agreement is declared invalid, void, or unenforceable, then that provision is severable from this Agreement and shall not affect the validity and enforceability of the remaining provisions.
A waiver by either you or Company of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
You understand and agree that you and Company are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
Internet technology and the applicable laws, rules, and regulations change frequently. We may need to make changes to this Agreement and the Privacy Policy from time to time, including to keep up with changes in the law. If we make a material change, we will notify you in advance so you can decide whether you want to continue using the Website after the change takes effect. Your continued use of the Website after the change constitutes your consent to the updated Agreement or Privacy Policy. It is up to you to keep the email address associated with your Account up to date so that you don’t miss any such notifications.