$0.00

Terms of Service

 

PRIVANZ

TERMS OF SERVICE

 

 

1. SCOPE OF AGREEMENT.

 

1.1. Terms of Service. These terms of service (“Terms of Service”) govern the access and use of the website privanz.com, and affiliated websites, features, products, software and other services, or any portion thereof, including, but not limited to the setup, maintenance and upgrade of one or more shared cloud resources use by customers. (collectively, the “Service”), owned or controlled by Privanz Cloud, or its affiliated companies (“Privanz” or “we” or “our” or “us”). Affiliated companies are entities that control, are controlled by or are under common control with Privanz. These Terms govern your use of the Service and the client software distributed with these Terms of Service and any other software provided by Privanz, including any updates and any accompanying written documentation (“Software”). Together, the Service and the Software may be referred to as the “Products.”

 

1.2. Privacy Policy. For information about how Privanz collects, uses, and shares your information, please review our privacy policy (“Privacy Policy”), which can be found at privanz.com/privacy, and is incorporated herein by reference. You agree that by using the Service you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Privanz.

 

1.3. Agreement. These Terms of Service, the Privacy Policy, and any other legal notices published by us on the Service are, collectively, an agreement (this “Agreement”) between Privanz and you (“You” or “your” or “you” or, a “User”), a user of the Service.

 

By clicking on the “I agree” (or similar button) that is presented to you at the time of your subscription, or by using or accessing Privanz Products, you indicate your assent to be bound by this Agreement.

If you do not agree to these Terms, then do not indicate acceptance and do not use the Products. If you agree to these Terms on behalf of a legal entity (Company), you represent that you have the authority to bind that legal entity to these Terms.

 

 

2. DEFINITIONS. For the purposes of this Agreement, the following definitions apply and any undefined terms have the meaning ascribed to them in the context in which they are used in this Agreement:

  • “Account Owner” refers to the person identified in Privanz’s records as the owner of the Privanz Account.
  • “Cancel Request” refers to the formal request made by the Account Owner in the Privanz Portal to cancel a Service.
  • “Cloud Account” refers to an account created in one of our servers based on the Open Storage Application installed on it. Managed and administrated by us.
  • “Cloud Server” refers to a server provided to the Customer based on the Open Storage Application selected. It’s administrated by the Customer.
  • “Content” refers to any materials, including, but not limited to code, text, links, images, photographs, messages, graphics, music, sounds, video, files, data, software, applications and any other materials Customer may store on or about the Service or  Privanz Account.
  • “Data Transfer” refers to the finite amount of Provider’s network transfer (bandwidth) capability for use by Customer using the Service requested by Customer. This include uploads and downloads performed.
  • “Storage Size” refers to the total storage space provided. Keep in mind that encryption may increase file size.
  • “Open Storage Application” refers to any open-source application software provided and hosted by Privanz that comply with the Open Source Definition. i.e. Community Versions of Seafile, ownCloud, etc.
  • “Privanz Account” refers to your account with us that contains the Service you subscribe to.
  • “Privanz Portal” refers to the Privanz’s managed website located at privanz.com. The Privanz Portal is the online interface through which Customer may manage the Privanz Account and perform various administrative functions, including, but not limited to, adding services, closing services, making payments, updating the Payment Method or contact information, and accessing services.
  • “Support Request” is a written communication exchanged by and between Privanz and you, through the Privanz Portal. If Privanz initiates the Support Request, a copy may be emailed to the email address on file; in addition, a copy may be stored in the Privanz Portal for future reference.

 

 

3. INTELLECTUAL PROPERTY.

 

3.1. Marks. The design, trademarks, service marks, and logos of Privanz and the Service (“Privanz Marks”), are owned by or licensed to Privanz, subject to copyright and other intellectual property rights under United States, foreign laws and international conventions.

 

3.2. Intellectual Property Rights. Except as otherwise indicated, all copyright rights and other intellectual property rights in the Service and its contents, including any and all Privanz Marks, content, data, databases, information, text, music, sound, photos, images, graphics, audio, video, software, code, technology, methods, analyses, studies, reports, and other intellectual property contained therein (“Privanz IP”) are owned by or licensed to Privanz, and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations.

 

 

4. THE SERVICE.

 

4.1. Service, Account and Licensing.

  • You must register with Privanz to use the Service, and you agree to keep your registration information accurate, complete and up-to-date as long as you continue to use the Service.
  • You acknowledge and agree that other users may have been designated (by yourself) to access, control or manage your account and your data.
  • You also acknowledge and agree that your account and data, as being part of the Service, are restricted to dedicated resources (servers, private clouds, etc) and to the location selected, separated from other Privanz customers. Privanz may have access to your data, provided a recovery key.
  • You, not Privanz, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data and Privanz shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data. If you believe there has been unauthorized access to your account or your data, you must notify legal@privanz.com immediately.
  • Subject to these Terms, Privanz grants you a limited, non-exclusive, non-transferable and revocable license to access the Site and use the Service and Software. You may install and use the Software in executable form only on the number and type of devices that are documented in your Service. You acknowledge that certain third party code may be provided with the Software and that the license terms accompanying that code will govern its use.

 

4.2. Preview Services.

  • Privanz may provide products/services that are still under testing stages. These products/services are identified as beta, preview, early access, or evaluation (or words or phrases with similar meanings) (collectively, “Preview Services”). Notwithstanding anything to the contrary in this Agreement, the following terms apply to all Preview Services: (a) you may use or decline to use any Preview Services; (b) Preview Services may not be supported and may be changed at any time without notice to you; (c) Preview Services may not be reliable, durable or highly available, data can be lost; and (d) PRIVANZ WILL HAVE NO LIABILITY ARISING OUT OF OR IN CONNECTION WITH PREVIEW SERVICES—USE AT YOUR OWN RISK.

 

4.3. Software and Export Restrictions.

  • If you receive Software from us, its use is governed in one of two ways: If you’re presented with license terms that you must accept in order to use the Software, those terms apply; if no license is presented to you, these Terms apply.
  • We may automatically check your version of the Software.
  • Any Software is licensed, not sold. Unless we notify you otherwise, the Software license ends when your Service ends. You must then promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software.
  • Open Storage Applications are covered by an open-source license. This is a license type that allows the source code, blueprint or design to be used, modified and/or shared under defined terms and conditions.
  • You can check Open Storage Applications’ source code on their respective sites and verify its content.  You can learn more about the Open Source Initiative here.
  • The Software is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Software. These laws include restrictions on destinations, end users, and end use. Without limitation, you may not transfer the Software or Service without U.S. government permission to anyone on U.S. government exclusion lists (see the Commerce Department’s compliance list at http://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern. You represent and warrant that you’re not on any of those lists or under the control of or an agent for anyone on those lists or the entities listed above.

 

4.4. Eligibility. The Service is a general audience service and is not intended for users under 18 years old. We require that only persons 18 years of age or older use any of the Service. By using the Service, you hereby represent that you are at least 18 years old. To view information on our policy regarding the privacy of children under the age of 13, please see the Privacy Policy. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that may be considered harmful to minors.

 

 

5. YOUR ACCOUNT.

 

5.1. Account Registration. If you choose to register for an account, you must complete the account registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You agree to register only once using a single account. You agree you will not (i) register on behalf of another person; (ii) register under the name of another person or under a fictional name or alias; (iii) choose a username that constitutes or suggests an impersonation of any other person (real or fictitious) or entity or that you are a representative of an entity when you are not, or that is offensive; (iv) choose a username for the purposes of deceiving or misleading our users and/or the Privanz as to your true identity; or (v) choose a username that incorporates a solicitation.

5.2. Account Information. You are entirely responsible for maintaining the confidentiality of your account information and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You should notify us immediately of any known or suspected unauthorized use of your username and password or any other breach of security. Privanz will not be liable for any loss that you may incur as a result of someone else using your username, password, or account, either with or without your knowledge. You could be held liable for losses incurred by Privanz or another party due to someone else using your username, password, or account. You may not use anyone else’s account at any time, without the permission of the account holder. Your account is unique to you and may not be transferred to any third party.

5.3. Account Security. Privanz cares about the integrity and security of your account information. However, Privanz cannot guarantee that unauthorized third parties will never be able to defeat the Service’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your account information at your own risk.

5.4. Termination, Suspension, and Restrictions. Privanz may terminate or suspend your access to or ability to use the Service immediately, without prior notice or liability, for any reason or no reason, including breach of this Agreement. In particular, Privanz may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement. Upon termination of your access to or ability to use the Service, your right to use or access the Service will immediately cease. Privanz may change, restrict access to, suspend, or discontinue any aspect of the Service at any time, including availability of any feature, database, or content. Privanz may also impose limits on certain features and services or restrict your access to all or parts of the Service without notice or liability.

5.5. Survival of Terms. This Agreement’s terms and conditions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Service shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to Privanz or any third party.

 

 

6. CONDUCT.

As a condition of your use of and access to the Service, you agree not to use the Service for any unlawful purpose or in any way that violates these Terms. Any use of the Service in violation of these Terms of Service may result in, among other things, termination or suspension of your account and your ability to use the Service.  You may not engage in any of the following prohibited activities:

(a) Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; collecting or harvesting any personally identifiable information, including account names, from the Service; altering, modifying or creating derivative works of the Service, or any portion thereof;

(b) Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service; accessing any content or features of the Service through any technology or means other than those provided or authorized by the Service;

(c) Transmitting spam, chain letters, or other unsolicited email; using the Service for any commercial solicitation purpose or political campaigning;

(d) Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; uploading invalid data, viruses, worms, or other software agents through the Service; bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or features or enforce limitations on use of the Service or the content or features therein;

(e) Taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Service infrastructure; interfering with the proper working of the Service;

(f) Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

(g) Harming minors in any way;

(h) Facilitating gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize;

(i) Intentionally or unintentionally violating any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets; or

(j) Collecting social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining Privanz’s prior written consent;

 

 

7. USER CONTENT.

 

7.1. User Content. As a user with a registered account, you may be able to submit content to the Service, including software code, videos, photos, images, audio, text, information (including, without limitation, Personally Identifiable Information), user comments, and any other content (collectively, “User Content”). You shall be solely responsible for your own User Content and the consequences of submitting and publishing your User Content on the Service. You further agree that you will not submit to the Service any User Content or other material that is contrary to these Terms of Service or contrary to applicable local, national, and international laws and regulations.

7.2. Representations. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish User Content you submit. You further agree that User Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. We reserve the right to remove User Content without prior notice. By using the Service, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the world, in any media, now known or hereafter devised, on or through the Service any of the following:

(a) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission;

(b) User Content that is indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, inflammatory, untrue, misleading, illegal, invasive of privacy or publicity rights, libelous, slanderous or defamatory. We do not tolerate users harassing, threatening or embarrassing other users, including harassment or denigration based on age, gender, race, religion, national origin, sexual orientation or disability, marital status or veteran status, or the stalking of other users;

(c) User Content that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not include in any User Content either any email addresses or telephone numbers of any person or entity, including your own. You may not use a false email address, impersonate any person or entity (including any other user), or otherwise mislead as to the origin of your User Content;

(d) User Content that is unrelated to the topic or context in which such Content is posted, or that, in the sole judgment of Privanz, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Privanz or its affiliates or its users to any harm or liability of any type.

 

7.3. Rights and License. You retain all of your ownership rights in your User Content. However, by submitting User Content to the Service, you hereby grant Privanz a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Privanz’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels (including for advertising or other commercial use). If we publish your User Content or authorize or license others to do so, your User Content may be edited for length, format, clarity or for any other reason either before or after it is published. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in User Content you submit to the Service terminate within a commercially reasonable time after you remove your User Content from the Service. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your User Content that have been removed. The above licenses granted by you in user comments you submit are perpetual and irrevocable.

 

7.4. User Content Disclaimers. We do not endorse any User Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content. Privanz takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is Privanz liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Privanz is not liable for any statements, representations or User Content provided by its users. Although Privanz has no obligation to screen, edit or monitor any of the User Content posted to or distributed through the Service, Privanz reserves the right, and has absolute discretion, to remove, screen or edit without notice any User Content posted or stored on the Service at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Service at your sole cost and expense. However, we also reserve the right in our sole discretion to display any User Content that is submitted to us (or to decline to remove any User Content), even if it violates this Agreement.  Since not all of the areas of the Service are monitored on a “real time” basis, you may see User Content that violates this Agreement before we do. Please report such items to legal@privanz.com

 

 

8. COPYRIGHT POLICY.

 

8.1. Copyright Agent. Privanz respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to our designated copyright agent (“Copyright Agent”). Our designated Copyright Agent to receive notifications of claimed infringement is:

Privanz Cloud

Attn: Copyright Agent

copyright@privanz.com

 

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to support@privanz.com. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

 

8.2. Claims of Infringement. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit Privanz to contact you, such as an address, telephone number, and, if available, an electronic mail;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

8.3. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to our Copyright Agent:

  1. Your physical or electronic signature;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the arbitration provision of this Agreement, and a statement that you will accept service of notice from the person who provided notification of the alleged infringement;
  5. If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that he or she may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.

 

 

9. THIRD PARTIES.

 

9.1. Third Party Links. The Service may contain links to third-party advertisers, websites or services. You acknowledge and agree that Privanz is not responsible or liable for: (i) the availability or accuracy of such advertisements, websites or services, or (ii) the content, products, or resources on or available from such advertisers, websites or services. Links to such advertisers, websites or services do not imply any endorsement by Privanz of those websites or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or services.

9.2. Third Party Content. Through the Service, you will have the ability to access and/or use content provided by third parties. Privanz cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. Privanz disclaims any responsibility or liability related to your access or use of any third party content.

9.3. Third Party Promotions. Some third parties may promote sweepstakes, competitions, promotions, and other similar opportunities on the Service (“Third Party Promotions”). Privanz is not the sponsor or Coordinator of these Third Party Promotions and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these Third Party Promotions. If you wish to participate in any of these Third Party Promotions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in such Third Party Promotions in your jurisdiction.

9.4. Third Party Listings. We do not warrant and shall not be liable for the quality of any third party products, services, information, or other material obtained by you through the Service.

9.5. Social Media Networks. The Service may include features that connect to third party social media networks (“Social Media Networks”) and allow you to share or like content or services with your friends or other users of the Social Media Networks, or you may be able to connect your user account with your Social Media Networks’ accounts.  To learn more about how your information may be shared with Social Media Networks or how your Social Media Networks’ account information may be shared with us, please read our Privacy Policy and the privacy policy or settings of the relevant Social Media Networks.

 

 

10. FEES, SUBSCRIPTIONS.

 

10.1. Fees. The fees applicable for the Service (“Fees”) are available on the Service through the cloud store section. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You’re responsible for any taxes and for all other charges incidental to using the Service (for example, Data Transfer charges, Additional Storage Space or currency exchange settlements). You will pay the Fees in the currency Privanz quoted for your account. Privanz reserves the right to change the quoted currency at any time.

10.2. Cancellation. We’ll notify you in advance, either through the Service or to the email address you provided to us, if we change the price of the Service. If there’s a specific length and price for your Service offer already in effect, that price will remain in force for that time. After the offer period ends, your use of the Service will be charged at the then-current price. If your use of the Service is on a period basis (for example, monthly) with no specific length, we’ll notify you of any price change at least thirty (30) days in advance. If you don’t agree to these changes, you must submit a Cancel Request via the Privanz Portal and stop using the Service or email cancellations@privanz.com (with cancellation confirmation from a Privanz representative) no later than three (3) business days prior to the conclusion of your current payment term, whether monthly, yearly, or otherwise. If you cancel, your Service ends at the end of your current Service period or payment period. If you fail to cancel in accordance with these Terms, we will automatically renew the Service at the then-current price and for the same subscription period and will charge you through the selected payment method on file with us (credit card, paypal, etc) commencing on the first day of the renewal of the subscription period.

10.3. Subscriptions. Your subscription to the Service will begin on the earliest of the day and time you click the “SUBSCRIBE NOW” button. Subscriptions last for a fixed period of time (for example, 1-month or 1-year). By subscribing to the Service, you agree to any applicable restrictions, including quotas on the amount of storage you are allowed to use. If you exceed your quota, you agree that Privanz may restrict your ability to backup further data until you reduce your storage usage or upgrade your account.

 

10.4. Payments.

 

    1. You must be authorized to use the credit card that you enter and you authorize us to charge you for the Service using your credit card and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may bill: (i) in advance; (ii) at the time of purchase; (iii) shortly after purchase; or (iv) on a recurring basis for subscription Service. Also, we may charge you up to the amount you’ve approved, and we’ll notify you in advance of the difference for recurring subscription Service. We may bill you simultaneously for more than one of your prior billing periods. We may automatically renew your Service and charge you for any renewal term. All paid accounts are due the date the invoice is posted on your account. Except as specifically set forth in this section, the Service is prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
    2. You must keep all information in your billing account current. You can access and modify your billing account information using the option in the Privanz Portal. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel the Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.
    3. Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of one percent (1%) of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.
    4. By subscribing to the Service, you agree to pay the fixed subscription and variable usage-based fees or renewals. Privanz will automatically charge you the amount of the then-current fee for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided through third parties, you agree that Privanz shall have no liability to you arising out of the acts or omissions of such third parties. BY CREATING A PRIVANZ ACCOUNT WITH US, YOU CONSENT TO ALLOW PRIVANZ TO CHARGE YOU THROUGH SELECTED PAYMENT METHOD (CREDIT CARD, PAYPAL, ETC), EITHER DIRECTLY OR THROUGH ITS PAYMENT PROCESSORS, FOR THE AMOUNTS DUE FOR YOUR INITIAL SUBSCRIPTION PERIOD AND FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED.
    5. These Terms, and any posted revisions, remain in effect as long as you continue to maintain an account or use the Service. You may cancel by using the cancel option in the Privanz Portal from your account page or sending a notice to cancellations@privanz.com and discontinuing use of the Service.
    6. Privanz may terminate your account and these Terms after (30) days and without notice if you fail to pay any fees or invoices when due or otherwise fail to comply with these Terms.
    7. On termination or cancellation of your account or these Terms, you will no longer have the right to continue to use the Software and the Service, and you will no longer be able to access and restore your backup data. Also, you specifically agree that Privanz has no obligation to provide you or anyone else with a copy of your backup data and may automatically purge your backup data from Privanz systems. This action cannot be reverted.

 

 

10.5. Trials.

    1. If you are currently on our free 10-day trial, you may cancel your account, free of charge, at any time until ten (10) days after your account was created. (The day of creation constitutes the first day of the 10-day trial.)
    2. The last day of the 10-day trial signifies the due date of the first payment. If payment is not received by Privanz on the due date, user’s account and/or server (Cloud Accounts or Cloud Servers, Service) will be disabled and may be inaccessible, including shared links until all outstanding payments have been processed by Privanz. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of thirty (30) days, user’s account and/or server (Cloud Accounts or Cloud Servers, Service) will be deleted and all files will no longer be retrievable.
    3. Unless we notify you otherwise, if you subscribed to any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring charges. If you do not cancel your Service and we have told you the Service will convert to a paid subscription at the end of the trial period, you authorize us to charge your credit card for the Service and no credits or refunds will be available. You may, however, cancel your subscription before the next billing in accordance with the terms of this Agreement.

 

10.6. Subscription Options (Billing Cycles). You may select one of the following subscription and billing options:

(a) A monthly subscription plan (“Monthly Subscription”). The subscription period for the Monthly Subscription plan will be one month and will automatically renew unless you cancel your Monthly Subscription in accordance with these Terms. You will be billed monthly for the Monthly Subscription plan on or about the same day each month until such time that you cancel your Monthly Subscription plan.

(b) A yearly subscription plan (“Yearly Subscription”). The subscription period for the Yearly Subscription plan will be one year and will automatically renew each year on the anniversary of your Yearly Subscription plan unless you cancel your Yearly Subscription plan in accordance with these Terms. You will be billed every year for the Yearly Subscription plan on or about the same day each year until such time that you cancel your Yearly Subscription Plan. For the avoidance of doubt, please note, you will not be permitted to reduce storage size, or downgrade any other option from the Service you have selected until the anniversary of your Yearly Subscription plan. There will be no refunds for Yearly Subscription plan payments. Please be certain you are committing to a one (1) year period if you select the Annual Subscription Plan. If you are not certain, we recommend choosing the Monthly Subscription Plan.

(c) If you select the Monthly Subscription Plan, you can switch to the Yearly Subscription Plan at any time. If you select the Yearly Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Yearly Subscription Plan.

 

 

11. MOBILE SERVICES.

11.1. “Mobile Services” means certain software and services that are available via a mobile device, including (i) the ability to upload data to the Service via a mobile device, (ii) the ability to use the Service from a mobile device, and (iii) the ability to access certain features through an application downloaded and installed on a mobile device.

11.2. Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

11.3. Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding Privanz and other entities by SMS, MMS, text message or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Privanz account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Privanz account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.

 

 

12. GENERAL DISCLAIMERS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, MOBILE SERVICES), IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PRIVANZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRIVANZ DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. PRIVANZ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT OR DATA ON THE SERVICE, WITH RESPECT TO THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. PRIVANZ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS, OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY OTHER ADVERTISING, AND PRIVANZ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF PRODUCTS OR SERVICES THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

 

13. LIMITATIONS OF LIABILITY. IN NO EVENT SHALL PRIVANZ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, MOBILE SERVICES), OR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR DATA, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR DATA OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR DATA POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PRIVANZ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PRIVANZ SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL PRIVANZ’S TOTAL AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU TO USE THE SERVICE DURING THE PRIOR SIX (6) MONTHS.

 

 

14. INDEMNIFICATION. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Privanz, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service (including, without limitation, Mobile Services); (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a user or third party. Privanz may assume the exclusive defense and control of any matter for which users have agreed to indemnify Privanz and you agree to assist and cooperate with Privanz in the defense or settlement of any such matters. This defense and indemnification obligation will survive the termination of this Agreement and your use of the Service.

 

 

15. GOVERNING LAW AND DISPUTE RESOLUTION.

 

15.1. Governing Law. This Agreement shall be governed by the internal substantive laws of the State of Wyoming, without respect to its conflict of laws principles.

15.2. Mandatory Arbitration. For any dispute you have with Privanz, you agree to first contact Privanz and attempt to resolve the dispute informally. If Privanz has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Chicago, Illinois, in the United States. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This arbitration agreement survives the termination of this Agreement between you and Privanz.

15.3. Waivers of Class Action and Trial by Jury. You and Privanz both waive any right to participate in any class action involving disputes between us, and you and Privanz are each waiving the right to a trial by jury. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. This class action waiver is an essential part of our arbitration agreement and may not be severed. If for any reason this class action waiver is found unenforceable, then the entire arbitration agreement will not apply. However, the waiver of the right to trial by jury set forth in this Section will remain in full force and effect.

15.4. Other Remedies. Notwithstanding the foregoing, either party may bring an individual action in small claims court. Nothing in this Section precludes you from bringing issues to the attention of federal, state or local agencies. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.

15.5. Time Limitations. YOU AND PRIVANZ AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.

 

 

16. DISCLOSURES. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Privanz’s systems and users, or to ensure the integrity and operation of Privanz’s business and systems, Privanz may access and disclose any information it considers necessary or appropriate, including, without limitation, account information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted User Content. Privanz’s right to disclose any such information, as applicable, shall be pursuant to the terms of Privanz’s Privacy Policy. Please see Privanz’s Privacy Policy for the terms of our personal information collection and use practices with respect to the Service.

 

17. NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

 

18. USERS FROM OTHER JURISDICTIONS. By accessing or using the Service, or submitting information, you acknowledge that you accept the practices and policies outlined in this Agreement and consent to having your data transferred to and processed in the United States. If you do not agree to the terms of this Agreement, please do not use the Service. The Service is controlled and operated by Privanz from the United States. We do not represent or warrant that the Service, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You also are subject to United States export controls in connection with your use of the Service and are responsible for any violations of such controls, including, without limitation, any United States embargoes or other federal rules and regulations restricting exports. We may limit the availability of the Service, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

 

19. GENERAL. This Agreement, including, without limitation, these Terms of Service, together with the Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and Privanz concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Privanz’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. We reserve the right to amend this Agreement, including, without limitation, these Terms of Service and the Privacy Policy, at any time and without notice, and it is your responsibility to review this Agreement, including, without limitation, these Terms of Service and the Privacy Policy for any changes. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Privanz without restriction. Your use of the Service following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

 

20. CONTACT INFORMATION. If you have any questions, feedback or to report a violation regarding these Terms of Service, you may email us at legal@privanz.com

 

 

Last Modified: October 27, 2016

Legal Information

  • Terms
  • Intellectual Property

    • Policies

  • Privacy Policy
  • Copyright Policy
  • Conduct Policy
  • Security Policy

    • © 2017 Privanz Cloud. All rights reserved