TERMS OF USE – Privacy Run

GENERAL PROVISION

ProService Finteco Iimited liability company with its principal place of business in Warsaw, Poland, 12A  Konstruktorska Street ProService Finteco ,” “we,” “us,” or “our” as the context dictates), owns and operates www.PrivacyRun.com and other sites linking to these Terms of Use  (individually, the “Site”, or, collectively, the “Sites”). Through the Sites, ProService Finteco provides various service offerings, information, and resources related to compliance with various legal and regulatory requirements (each a “Product” and collectively, the “Products”). References to the Sites herein include the Products.

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.

TERMS AND CONDITIONS, CHANGES TO THE TERMS OF USE

These terms of use (together with any additional terms, as described below) (“Terms of Use”) are an agreement between you and ProService Finteco governing your access to and use of the Sites, their functionality, and their content. Subject to your full and ongoing compliance with these Terms of Use, ProService Finteco hereby grants you the limited and revocable right to access and use those portions of the Sites for which you registered, solely for their intended purposes, and solely for your internal referential business purposes. If you use or access the Sites on behalf of a business or other entity, you must have authority to bind that business/entity. In such case, the term “you” includes the business/entity and any of its agents that use or access the Sites. If you do not have such authority, or if you do not agree with these Terms of Use, you must not accept these Terms of Use and may not use the Sites.

You are accepting these Terms of Use by accessing any pages on the Sites; creating an account; using any products made available through the sites; posting, submitting, transmitting or uploading any information or content through the Sites; or using any platform and, you represent and warrant that:

  • you acknowledge that you fully understand these Terms of Use;
  • you are of legal age to accept these Terms of Use and enter into a binding these Terms of Use and any incorporated documents with ProService Finteco and
  • you accept the terms and conditions of the cloud provider
  • acknowledge and agree that you have independently evaluated the desirability of using the Sites in your services and are not relying on any representation, guarantee, or statement other than as expressly set forth in these Terms of Use;
  • 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.

LEGAL DISCLAIMER

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.

In accessing this web application, the user assumes responsibility to provide correct and up-to-date information. Inaccuracies in information provided could affect the validity or enforceability of the documents generated by the web application. You take sole responsibility for determining what data You submit to the Sites, for obtaining all necessary consents and permissions for submission of data and processing instructions to the Sites, and for the accuracy, quality, and legality of the data. You are further responsible for the acts and omissions of Users in connection with these Terms of Use, for all use of the Sites by Users, and for any breach of these Terms of Use by Users.

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.

PRIVACY NOTICE

Privacy Policy of ProService Finteco is located at www.PrivacyRun/privacy-policy.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING ANY PAGES ON THE SITES; CREATING AN ACCOUNT; USING ANY PRODUCTS MADE AVAILABLE THROUGH THE SITES; POSTING, SUBMITTING, TRANSMITTING OR UPLOADING ANY INFORMATION OR CONTENT THROUGH THE SITES; OR USING ANY PLATFORM, YOU EXPRESSLY AGREE THAT YOU HAVE READ AND THAT YOU UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITES. DO NOT USE THE SITES AND CANCEL THE INSTALLATION PROCESS AND DO NOT CLICK ANY “ACCEPT” BUTTON. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND OTHER POLICIES.

ProService Finteco reserves the right to update or modify the Terms of Use at any time on a going forward basis, with or without prior notice, and such changes will become effective as follows. Modifications to these Terms of Use will be effective upon the earlier of (i) your first use of the Sites or Product with actual notice of such change, or (ii) 30 days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms of Use in place at the time the dispute arose. We use reasonable efforts to ensure that the Terms of Use identify the last date of update. In the case of material changes to the Terms, ProService Finteco will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Service, or other similar mechanism. We encourage you to review these Terms of Use frequently to stay informed of the latest modifications.

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.

Any information you provide to ProService Finteco must be correct, current, and complete. ProService Finteco’s use of such information is governed by the Privacy Policy located at www.PrivacyRun.com/privacy-policy . You consent to ProService Finteco’s use of such information consistent with the Privacy Policy.

USER CONTENT

The Sites may now or in the future contain Products that use information you have provided to ProService Finteco and that allow you and others to post, submit, publish, display, or otherwise transmit (“post”) various information and materials (“User Content”), which may include answers in response to questions, comments, documents, and other similar content. Other than personally identifiable information (“PII”) that you provide to ProService Finteco in connection with your account or as requested or required by the Sites (which PII is subject to the Privacy Policy) and except as expressly provided in these Terms of Use or the policies applicable to any ProService Finteco Platform, User Content is and will be considered non-confidential and non-proprietary. You retain all your ownership rights in and to your User Content, and by posting User Content to the Sites, you hereby grant to ProService Finteco an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable, sub licensable, and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast, or otherwise exploit such User Content and derivatives thereof, in whole or in part, and in any form, media, or technology now known or hereafter developed. ProService Finteco is under no obligation to use, return, review, or respond to User Content. You understand and acknowledge that you are responsible for any User Content you provide. In providing any User Content, you represent and warrant that (a) you own or control all rights in and to such User Content and have the right to grant the license granted above and (b) all of your User Content does and will comply with these Terms of Use, including the Content Standards below. You have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness, as further explained in the Content Standards.

On the basis of separate arrangements (including additional fees), Site may be customized for You by ProService Finteco.

CONTENT STANDARDS

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
  • conflict with these Terms of Use or any other applicable law or policy.

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.

ProService Finteco reserves the right, in its sole discretion, to (a) remove or refuse to post any User Content for any or no reason; (b) take any action with respect to any User Content that it deems necessary or appropriate, if ProService Finteco believes that it violates the Terms of Use or Content Standards, infringes any intellectual property rights, threatens a person’s safety, or could create liability for ProService Finteco; or (c) take any action ProService Finteco deems appropriate or advisable, including referral to law enforcement, for illegal or unauthorized User Content or use of the Sites, to prevent harm, or to protect against liability.

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.

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

  • 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.

You shall only provide access to and use of the Sites, under these Terms of Use. In the event ProService Finteco determines, in its sole discretion, that you are using any unauthorized method to access and/or use the Sites (including, but not limited to, creating/deleting an excessive number of workspaces, excessive creation/deletion of accounts, and any non-standard usage of computing resources, interfering with other users’ utilization of the Sites, etc.), ProService Finteco may terminate these Terms of Use with immediate effect and pursue any and all additional remedies, including suspending or revoking the license and blocking your web-traffic.

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

ProService Finteco and its licensors or other providers own the Sites, including all of their content, features, and functionality–including any information, software code, text, displays, images, video and audio, and the design, selection and arrangement of such material, and any documents, resources, recommendations, guidance, forms, policies, or other materials provided or generated through the Sites (“Site Content”). The Sites and all such Site Content are protected by US and international copyright, trademark, and other laws and treaties, and may not be used except as permitted in the Terms of Use. No right, title, or interest in or to the Sites or any Site Content is transferred to you, and all rights not expressly granted are reserved by ProService Finteco. Any use of the Sites or Site Content not expressly permitted by the Terms of Use is a breach of them and may violate copyright, trademark, and other laws.

Subject to the terms and conditions set forth in these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-assignable, non – sub licensable license. You may access and use Sites solely for their intended purpose, and you may download a single copy of Site Content solely for your internal use in connection with your evaluation and consideration of your own legal compliance needs, and not for any further reproduction or distribution, or use in connection with or on behalf of any other person or such person’s legal compliance obligations, or to provide advice or services of any kind. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials. You may not modify; reproduce; or publicly display, perform, or distribute; or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Sites or any materials on the Sites, except as expressly permitted by these Terms of Use or other applicable policies.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must destroy any copies of the materials you have made.

You should notify ProService Finteco of any suspected copyright infringement in accordance with the relevant provisions of the Digital Millennium Copyright Act.

TRADEMARKS

As between you and ProService Finteco, ProService Finteco owns and retains all rights in its trademarks, trade names, and trade dress which may be used on the Sites, including company and Product names, logos, slogans, and designs, which are registered and/or common law trademarks of ProService Finteco and are protected by United States and international laws and treaties. No license to use such items is granted to you under these Terms of Use or by your use of the Sites. ProService Finteco will aggressively enforce its intellectual property rights to the fullest extent of the law.

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

ProService Finteco may automatically collect information about you and your use and navigation of the Sites. All such information is subject to the Privacy Policy. By using the Sites, you consent to all actions taken by ProService Finteco with respect to your information in compliance with the Privacy Policy and legal requirements.

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.

ProService Finteco’s Sites may offer integration with social media websites or apps. The Sites may provide features that enable you to (a) link from your own or certain third-party social media websites to particular content or types of content on the Sites; (b) send e-mails or other communications with certain content, or links to certain content, on the Sites; or (c) cause limited portions of content displayed on the Sites to be displayed or appear to be displayed on your own or certain third-party sites. You may use these features solely as ProService Finteco provides, and only with respect to the content that ProService Finteco makes available for this purpose. Such use must also be in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not (A) establish a link from any website or social media account that you do not own or control; (B) cause the ProService Finteco Sites or portions of it to be displayed, or appear to be displayed (by, for example, framing or in-line linking) on any other site; or; or (C) take any other action with respect to the material or content on the Sites that is inconsistent with any other provision of these Terms of Use.

The website from which you link, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with ProService Finteco in causing any unauthorized framing or linking to cease immediately. ProService Finteco may withdraw linking permission without prior notice. ProService Finteco may disable any or all social media features and any links at any time without notice.

LINKS FROM THE SITES

Links to non-ProService Finteco sites and resources provided on the ProService Finteco Sites are provided for your convenience only. They do not signify that ProService Finteco endorses any such websites or companies, including any sponsor(s). ProService Finteco has no control over those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from use of them. You access third party websites linked to the Sites entirely at your own risk and subject to the terms and conditions of such sites. Third party websites have their own terms of use and policies and are not subject to these Terms of Use.

DATA PROTECTION

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.

GEOGRAPHIC RESTRICTIONS

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

THE SITES AND ANY CONTENT AND SERVICES ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESS WARRANTIES PROVIDED IN THESE TERMS OF USE OR OTHER APPLICABLE POLICIES. NEITHER PROSERVICE FINTECO NOR ANY PERSON OR ENTITY AFFILIATED OR ASSOCIATED WITH IT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE SITES OR SITE CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER PROSERVICE FINTECO NOR ANYONE ASSOCIATED WITH IT REPRESENTS OR WARRANTS THAT THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR EXPECTATIONS OR NEEDS.

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.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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.

FEES

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.

 

SUPPORT

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 contact@privacyrun.com 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

The subscription period(s) is according with pay period, during which you may use the Sites, subject to these Terms of Use (the „Subscription Term”).

These Terms of Use commences on the effective date (being the date of execution or acceptance of these Terms of Use and consequent payment of the Fees). Unless earlier terminated pursuant to the terms of this Section, these Terms of Use will continue through the Subscription Term. Unless one party notifies the other more than fifteen (15) days before the end of a Subscription Term, each Subscription Term will automatically renew for an additional Subscription Term of the same length as long as the Fees are being paid. Any termination of these Terms of Use shall also immediately terminate all rights and licenses granted hereunder.

You may stop using the Sites at any time with or without notice. If You desire to terminate these Terms of Use, you shall provide ProService Finteco at least fifteen (15) days prior written notice and cease your use of the Sites. ProService Finteco reserves the right to terminate these Terms of Use for a given the Sites with you or to discontinue the Sites any portion or feature thereof or Your access thereto for any reason and at any time without liability or other obligation to You. In addition, we may discontinue or suspend your access to the Sites immediately if you or developer have (or we reasonably suspect that you have) breached or infringed any term in these Terms of Use, including the non-payment or late payment of the Fees.

Upon any termination of these Terms of Use or discontinuation of your access to an Sites, You shall immediately stop using that Sites, and delete any cached or stored content that was permitted. ProService Finteco may independently communicate with any account owner whose account(s) is/are associated with your client and developer credentials to provide notice of the termination of your right to use an Sites. ProService Finteco shall have no liability (for any costs, expenses, or damages, etc.) to You or any third party because of such termination or action.

Upon termination of these Terms of Use , You shall promptly delete and remove all confidential data, calls to the ProService Finteco Sites from all web pages, scripts, widgets, applications, and other software in your possession or under your control and promptly destroy and remove from all computers, hard drives, networks, and other storage media all copies of the Sites. You shall certify to ProService Finteco that above mentioned relevant actions have occurred.

You agree that following expiration or termination of these Terms of Use, ProService Finteco obligation to provide the Sites will terminate. ProService Finteco may immediately deactivate your account(s) for the Sites, and ProService Finteco has the right to delete those accounts, including all your data, from our site unless legally prohibited. At the same time, you and your Users’ rights to use the Sites will terminate. You acknowledge and agree that is responsible to retrieve your data from the Sites prior to expiration or termination of this Terms of Use.

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.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ProService Finteco, its affiliates, licensors and service providers, and its and their respective officers, directors, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your User Content and your use of the Sites, including any violation of these Terms of Use or applicable law in connection therewith.

GOVERNING LAW AND JURISDICTION

You agree that all matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of any other 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

No waiver by ProService Finteco of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ProService Finteco to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, the Privacy Policy, Legal Disclaimer, and other policies located at www.PrivacyRun.com/privacy-policy together with the Service Agreement concluded between You and ProService Finteco reseller/partner/representative constitute the sole and entire agreement between you and ProService Finteco with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

SURVIVAL

“Intellectual Property Rights,” “Term and Termination,” “Confidentiality,” “Data Protection,” “Limitation of Liabilities,” “Indemnification,” “Legal Disclaimers,” and “Survival,” as well as all of the provisions under the general heading “General Provisions” will survive any termination or expiration of these Terms of Use.

ASSIGNMENT

You shall not assign, subcontract, delegate, or transfer any rights and obligations under these Terms of Use whether by operation of law or otherwise, without the express prior written consent of ProService Finteco. ProService Finteco shall have the right to freely assign or otherwise transfer these Terms of Use (in whole or part). Any purported assignment in violation of this section is void. ProService Finteco’s sole remedy for any purported assignment in breach of this section will be at its election, including termination of these Terms of Use upon written notice to the assigning party. Subject to the foregoing these Terms of Use will bind and inure to the benefit of the parties, their respective successors, and permitted assignees.

FORCE MAJEURE

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.

FURTHER ASSURANCES

You agree to execute any and all documents and take any other actions reasonably required to effectuate the purposes of these Terms of Use.

TITLES

The titles of the paragraphs of these Terms of Use are for convenience only and have no legal or contractual effect.

THIRD PARTIES

ProService Finteco’s underlying service providers, business partners, third-party suppliers and providers, members of its network, account providers, licensors, officers, directors, employees, distributors, and agents are expressly made third party beneficiaries of these Terms of Use. Except as set forth in the immediately preceding sentence, nothing express or implied in these Terms of Use is intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever.

NO AGENCY

Nothing in these Terms of Use is to be construed as creating any agency, partnership, or joint venture relationship between the Parties hereto. Neither Party has any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other Party, whether express or implied, or to bind the other Party in any respect whatsoever. Each Party may identify the other as a customer or supplier, as applicable.

EQUITABLE RELIEF

You agree that any violation or threatened violation of these Terms of Use may cause irreparable injury to ProService Finteco entitling ProService Finteco to obtain injunctive or other equitable relief in addition to all legal remedies.

AUTHORITY

You represent that you have the full power, capacity, and authority to accept these Terms of Use. If you are accepting on behalf of your employer or another entity, you represent that you have the full legal authority to bind your employer or such entity to these Terms of Use.

PUBLICITY

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.

You grant ProService Finteco a worldwide, non-exclusive license to host, copy, process, transmit and display User data as reasonably necessary for ProService Finteco to provide the Sites in accordance with these Terms of Use. Subject to this limited license, as between you and ProService Finteco, you own all right, title, and interest, including all related Intellectual Property Rights, in and to the User data.

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.

 

ANTI-CORRUPTION

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: contact@privacyrun.com.

Last Updated:  March 11th 2022