ProService Finteco and our Products are described on the Sites. ProService Finteco may change, suspend, modify, or discontinue all or any part of the Sites in its sole discretion with or without notice. ProService Finteco is not liable if all or any part of a Site is, for any reason, unavailable at any time or for any period. ProService Finteco reserves the right to block or deny access to any of the Sites to anyone at any time for any reason. ProService Finteco is not obligated to correct or update any information or content on the Sites.
PLEASE NOTE THAT THE INFORMATION ON THE SITES IS NOT LEGAL ADVICE, AND THAT USE OF THE SITES DOES NOT FORM AN ATTORNEY-CLIENT RELATIONSHIP WITH PROSERVICE FINTECO. PLEASE SEE OUR LEGAL DISCLAMER FOR MORE INFORMATION.
- you accept the terms and conditions of the cloud provider
- hereby represent and warrant that any end-user data, including but not limited to email addresses, your Services communicate to ProService Finteco has been collected according to all relevant laws including the Children’s Online Privacy Protection Act (COPPA);
You are obligated to cooperate with ProService Finteco in providing of the Sites. We may now or in the future offer multiple platforms (the “PrivacyRun Platforms”) through our Sites and, to use the platforms, you must adhere to additional terms and conditions based on the PrivacyRun Platforms, including additional terms and conditions that may be specific to each such Platform, as identified below and/or presented to you at the time you commence use of such Platforms. Certain offerings on the Sites may be free of charge or offered for a fee, and we reserve the right to change, on a going forward basis, what Products are offered free of charge or for a fee, or the fees charged for any given Product offering.
You may not access the Sites if you are a competitor with prior written consent. In addition, you may not access the Sites for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
ProService Finteco is an online provider of www.PrivacyRun.com solution and template document forms (“fill in the blank” forms) and general legal information. ProService Finteco is not a law firm and does not provide legal advice or represent you in any way.
By using this web application or our legal forms, you are not accessing attorney services or legal advice. ProService Finteco’s services, including the web application, its legal forms, and any legal information it provides, is not a substitute for the advice of an attorney.
By using ProService Finteco web services, you acknowledge that you understand that the website is a tool that provides forms to assist your organization in complying with the California Consumer Privacy Act (“CCPA”) or the European General Data Protection Regulation (“GDPR”), respectively. ProService Finteco does not ensure your organization is fully CCPA or GDPR compliant. Your organization may need to take additional measures to comply with the CCPA or the GDPR respectively.
By using this web application or our legal forms, you are not establishing an attorney-client relationship with ProService Finteco, any of its employees, or with any attorney. Any information you provide to ProService Finteco is not protected by attorney-client privilege or as work product.
Each organization’s or individual’s legal situation is different, and complex situations may require legal advice and representation. It is not possible for the web application to identify all situations in which legal representation is recommended, necessary, or desirable. ProService Finteco does not: review your documents or any information you input for accuracy or legal sufficiency, draw legal conclusions, provide legal advice, or apply the law to the facts of your particular situation.
It is the responsibility of each user to decide for themselves whether to seek legal advice from a lawyer. ProService Finteco recommends all users to consult a lawyer and familiarize themselves with the rules and procedures of the CCPA if your business processes data of US citizens or GDPR if you are processing data of European Union citizens.
Some jurisdictions have local laws, rules, advisory opinions, guidance, guidelines, and regulations for implementation that may affect the validity of the documents and systems created through your use of ProService Finteco. ProService Finteco cannot ensure that the documents generated through use of the web application will be enforceable or valid in all jurisdictions. Each user assumes the responsibility to seek legal review of their documents.
ACCOUNT ACCESS AND SECURITY
The Product may enable or require you to register and create an account in order to access certain content and functionality of the Sites, including on any of the PrivacyRun Platforms. If you choose to create an account, you must provide an email address and password and may be required to provide additional personal information. To protect your account security, you should choose a username and password that are not associated with your personal information.
You are responsible for maintaining the confidentiality of your account, password, and other information. Any account you create is personal to you and you agree not to provide any other person with access to it. You agree to notify ProService Finteco immediately if you become aware of any unauthorized access to or use of your account. You may be required to logout from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or access your information. ProService Finteco may disable an account at any time in its sole discretion.
You shall store your account, password, and other information on a secure server with controlled access, firewall and intrusion detection, network monitoring, and other reasonable requirements as may be communicated to You in writing from time to time. For distributed applications, You shall conceal or encrypt your account, password, and other information to prevent unauthorized access and/or use. You shall communicate with ProService Finteco’s servers using your account, password, and other information through a Secure Sockets Layer (“SSL”) or other ProService Finteco-approved protocol.
ProService Finteco may change your account, password, and other information from time to time and shall give You written notice of such change. Modifications of your account, password, and other information may affect your services and may require you to make changes to your services at your own cost to continue to be compatible with or interface with the Sites
Your account, password, and other information are the property of ProService Finteco. You shall not sell, transfer, sublicense or otherwise disclose your account, password, and other information to unauthorized third parties.
United States copyright law criminalizes the production and dissemination of technology, devices, or services intended to circumvent measures known as digital rights management or DRM, i.e., measures that control access to copyrighted works. Copyright law also criminalizes the act of circumventing an access control, whether or not there is actual infringement of a copyright.
On the basis of separate arrangements (including additional fees), Site may be customized for You by ProService Finteco.
You agree that you will not post any User Content that (a) infringes or violates any other party’s intellectual property rights; (b) fails to comply with applicable laws and regulations, or (c) contains any expressions of hate, abuse, offensive images or conduct, or any similar content. Without limiting the foregoing, User Content must not:
- contain any defamatory, libelous, slanderous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, sexually explicit, pornographic, or otherwise objectionable (as determined by ProService Finteco in its sole discretion) material;
- promote sexually explicit or pornographic material, violence, or discrimination based on race, ethnicity, sex, religion, nationality, disability, sexual orientation or age;
- violate any person’s or party’s legal rights (including intellectual property rights, moral rights, and rights of publicity and privacy);
- impersonate any person or entity or misrepresent the identity or affiliation of the user or any other party;
- appear as if they are sent by or endorsed by ProService Finteco or any other person, if this is not the case;
- be likely to or designed to deceive any person;
- contain any material that is unlawful or could result in civil or criminal liability;
- incite, advocate, promote, contribute to, enable, or assist any illegal or unlawful activity;
- involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter or advertising, other than as conducted by ProService Finteco in its operation of the Sites; or
MONITORING OR REMOVAL OF USER CONTENT
ProService Finteco is not responsible or liable to any third party and assumes no liability for any action or inaction regarding the posting of User Content by any user or third party. At its discretion ProService Finteco may, but is not obligated to, take steps to monitor User Content. However, ProService Finteco does not review material before it is posted and makes no guarantees regarding promptness of removal of objectionable material after it has been posted. ProService Finteco is not deemed to endorse, verify, or agree with any User Content.
Without limiting the foregoing, ProService Finteco has the right to fully cooperate with any law enforcement authorities or court orders requesting or directing it to disclose the identity or other information of anyone posting any User Content.
YOU WAIVE AND HOLD HARMLESS PROSERVICE FINTECO AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY PROSERVICE FINTECO OR LAW ENFORCEMENT AUTHORITIES.
PROSERVICE FINTECO HAS NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.
- in any way that violates any applicable law or regulation (including any laws regarding export of data or software to and from the United States or other countries);
- for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for PII, or otherwise;
- to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards;
- to transmit, or procure the transmission of, any advertising or promotional material except as expressly permitted on the Sites;
- to impersonate or attempt to impersonate ProService Finteco, an employee of ProService Finteco, another user or any other person or entity;
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by ProService Finteco, may harm ProService Finteco or users of the Sites, expose them to liability, or threaten the security of their PII;
- provide services, information, materials, resources or advice, including legal advice to any third person, directly or indirectly, on a service bureau basis or otherwise.
Additionally, you agree not to:
- use the Sites in any manner that could disable, overburden, damage, or impair the Sites;
- use any manual process or robot, spider or other automatic device, process or means to access, monitor, or copy all or any part of the Sites for any purpose;
- use any device, software, or routine that interferes with the proper working of the Sites, including by the introduction of or attempted introduction of logic bombs, trojan horses, viruses, worms, or other malicious or harmful material or code to the Sites or any server, computer, software, or database connected to the sites;
- attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer, or database connected to the Sites; attack the Sites via any denial-of-service attack; or
- otherwise attempt to interfere with the proper working of the Sites.
For the avoidance of doubt, the Sites are available only on a hosted basis, and you will not independently possess, run, or install the Sites.
Use of the Site is subject to any usage limits, which may include limitations on features and functionality, that are set forth on the ProService Finteco web page where you registered. If you exceed any such limits, you will promptly notify ProService Finteco and work with ProService Finteco to promptly change its usage to comply with the limits. ProService Finteco may periodically verify that your use of the Sites is within the applicable usage limits, and you will promptly and accurately certify and/or provide evidence of you compliance with the applicable usage limits as may be requested by ProService Finteco from time to time.
INTELLECTUAL PROPERTY RIGHTS
You should notify ProService Finteco of any suspected copyright infringement in accordance with the relevant provisions of the Digital Millennium Copyright Act.
All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners and are used in accordance with law and/or license or other agreement.
RELIANCE ON POSTED INFORMATION
The Sites may include content provided by third parties. Other than content provided by ProService Finteco, all statements and/or opinions expressed, all articles and responses to questions, and other content are solely the opinions and the responsibility of the party providing those materials. ProService Finteco is not responsible for the content or accuracy of any materials provided by any third parties. ProService Finteco does not warrant the accuracy, completeness, or reliability of any third party information on the Sites.
INFORMATION GATHERED ABOUT YOUR VISITS TO THE SITES
LINKING TO THE SITES AND SOCIAL MEDIA FEATURES
You may link to ProService Finteco Sites, provided you do so in a way that is legal and does not damage or take advantage of the ProService Finteco reputation. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of ProService Finteco without the express written consent of ProService Finteco.
LINKS FROM THE SITES
You entrust to ProService Finteco the processing of personal data in the Sites (the data of your customers, without special categories of personal data, provided or submitted by you or Users) upon principles specified below. ProService Finteco is required to process personal data solely for storage of the personal data in the Sites. ProService Finteco shall process personal data solely according to the Term of Use and upon documented instruction of you, unless the duty to process personal data is imposed upon ProService Finteco by provisions of law binding for ProService Finteco. ProService Finteco shall immediately notify you about the legal obligation. Your access to and use of the Sites is the basis for the processing of personal data by ProService Finteco. ProService Finteco obliges itself that persons authorized to process personal data shall be required to keep secret before commencing processing of personal data, or that their duty to keep such secret results from legal obligation. ProService Finteco shall undertake technical and organizational measures as appropriate, taking into account the industry best practice, state of technical advancement, cost of implementation and the nature, scope, context and purposes of processing, as well as the risk of infringing upon the rights or freedom of persons to whom the data pertains, so as to ensure a degree of security as is appropriate for such risk. ProService Finteco shall be entitled to employ another processor for the processing of personal data. You consent to the further processing of personal data to Microsoft Corporation (the cloud provider). You shall be entitled to perform audits of the manner in which the personal data is processed, subject to applicable provisions of law, including protection of the ProService Finteco’s company secret. You consent that ProService Finteco deletes all the personal data after the end of the provision of services relating to processing, and deletes existing copies unless law requires storage of the personal data.
We provide the Sites for use only by parties located in the United States. We make no claims that the Sites or any of their content is accessible or appropriate outside of the United States. Access to the Sites by certain persons or in certain countries may not be legal. If you access the Sites from outside the United States, you do so on your own initiative, at your own risk, and are responsible for compliance with local laws.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY PROVIDED HEREIN, PROSERVICE FINTECO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ESTABLISHING, PERFECTING, OR MAINTAINING COMPLIANCE WITH ANY PARTICULAR LAW OR LEGAL REQUIREMENT.
THE FOREGOING APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND DOES NOT EXCLUDE OR LIMIT ANY WARRANTIES TO THE EXTENT THAT THEY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IN WHICH CASE THE FOREGOING LIMITATIONS WILL APPLY SOLELY TO THE EXTENT LEGALLY PERMISSIBLE.
LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS
IN NO EVENT WILL PROSERVICE FINTECO, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR DIRECTORS, OR AFFILIATES OR THEIR LICENSORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY SITE CONTENT OR OTHER CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PROSERVICE FINTECO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES. THE MAXIMUM AGGREGATE LIABILITY OF PROSERVICE FINTECO TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT (AS LONG AS IT HAS BEEN DULY FULFILLED BY YOU) SHALL NOT, IN ANY EVENT, EXCEED ONE HUNDRED US DOLLARS (USD100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF SOME INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU UNDERSTAND AND ACKNOWLEDGE THAT PROSERVICE FINTECO WOULD NOT BE ABLE TO PROVIDE THE SITES AND PRODUCTS ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS OF WARRANTIES LIABILITY, AND THAT ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
The Sites are intended for use by businesses and organizations and not for consumer purposes. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in These Sites terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement or repair of the Sites.
The Sites are offered on a subscription basis. Subscription is on a recurring basis and will be extended to the following pay period unless you cancel it. You are free to cancel your subscription at any time, but you will remain liable for all charges accrued up to the end of subscription, including charges for the month for which you cancel your account. The relevant package and related fee are to be chosen by you by ticking the relevant box to select your chosen packaged and then sign up into the Website. The Sites will only become available after the advanced payment of the fee of each packaged is duly paid according to the herein described payment method. If your use surpasses the quota in your chosen package, at the end of the relevant month, you will be charged additionally for the excess use of the Sites occurred during that given month.
The Fees shall be non-refundable, and payable in US dollars on the date they come due and before the access to the Sites are granted. ProService Finteco may disable the Sites or platform access in the event of a failure to pay in time.
You are solely responsible for providing all support and technical assistance to Users of the Sites. You acknowledge and agree that ProService Finteco has no obligation to provide support or technical assistance directly to the Users or you and you shall not represent to any User that ProService Finteco is available to provide such support. You agree to report to us via our email firstname.lastname@example.org any errors or difficulties discovered and the characteristic conditions and symptoms of such errors and difficulties, without information included personal data. ProService Finteco is in no way obligated to provide you with any error correction or support but may provide whatever error correction and/or support services we may determine in our sole discretion (and anything it provides in connection therewith will be deemed part of the Sites).
TERM AND TERMINATION
ProService Finteco may discontinue or suspend all or any portion of the Sites at any time in its sole discretion, including during a Subscription Term; provided that ProService Finteco will give you at least fifteen (15) days’ advance notice before discontinuing the Sites, or materially decreasing the functionality of the Sites during the Subscription Term.
GOVERNING LAW AND JURISDICTION
You agree that the federal and state courts located in the State of California have exclusive jurisdiction over any legal proceedings relating to, arising out of, or connected in any way to your use of the Sites. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
WAIVER AND SEVERABILITY
Neither party will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third-party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
You grant us the right to use your company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential developers and customers, subject to your standard trademark usage guidelines as provided to us from time-to-time.
You hereby grant to ProService Finteco a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license (i) to use any ideas that ProService Finteco learns from observing your use of the Sites or any feedback provided by you and (ii) to use and display your name and logo for the purpose of disclosing that you are providing Offerings using the Sites and for promotion of the availability of the Sites.
ProService Finteco may collect and aggregate data derived from the operation of the Sites (“Aggregated Data”), and may use such Aggregated Data for purposes of operating its business, monitoring the performance of the Sites, and/or improving the Sites provided, that ProService Finteco’s use of Aggregated Data does not reveal any User data, User confidential information, or personally identifiable information of Users.
Each Party acknowledges that it is aware of, understands, and has complied and will comply with, all applicable U.S. and foreign anti-corruption laws, including without limitation, the U.S. Foreign Corrupt Practices Act (“FCPA”).
YOUR COMMENTS AND CONCERNS
This website is operated by ProService Finteco, located at www.PrivacyRun.com.
All feedback, comments, requests for technical support, and other communications relating to the Sites should be directed to: email@example.com.
Last Updated: March 11th 2022