Last Update: October 2025
Terms and Conditions
1. Terms and Conditions. The Terms and Conditions, (“Terms”), apply to your access to the site, www.privada.services, (“Site”), incorporated herein, Privada’s mobile application(s) when provided, website(s), software(s), application(s), and other downloads, (“Apps”), made available to you by Privada International, owner and operator, (“Privada,” “our,” “us,” or “we”).
The Terms define your access to the Site in addition to our Services, which may include verification and authentication of your identity, requests and communications with us, including, but not limited to, maintaining registrations, subscriptions, functionalities, features, or our third-party service providers, application(s), now known, or to be formed, without limitation, that we offer, (“Services”), for public, personal, educational, or entertainment use.
Please read these Terms, (“Our Policies”), incorporated herein by reference, carefully before you access or use the Site or Services. By proceeding to access or use the Site or Services, subject to local, state, national, or other applicable laws, rules, and regulations, (“Applicable Laws”), you will be deemed to have acknowledged, accepted, agreed to be legally bound by our Terms and policies.
The Terms outlined below constitute a legally binding agreement made between us and you and/or any company or other legal entity that you represent and warrant you have all the legal rights, power, permissions, capacity, releases, consents, licenses, and authorization to act on behalf of, bind, and represent such company or entity, (“User,” “you,” “your,” “yourself”) to these Terms.
- Terms and Conditions
- Eligibility
- Indemnification
- Disputes
- Account Creation
- Content
- Copyright Infringement
- Permissions
- Use of Service
- Modifications
- Restrictions
- Geographical Restrictions
- Third-Party Content & Links
- Third-Party Access
- Third-Party Providers
- Advertisements
- Miscellaneous Fees
- Promotions
- Products and Services
- Warranties and Disclaimers
- Limitation of Liability
- Class-Action Waiver
- Informal Dispute Resolution
- Arbitration Agreement
- Termination of Access
- Notices and Changes to Terms and Services
- Governing Law and Forum Choice
- California Residents
- Survivability
- Miscellaneous
- Entire Agreement
- Assignment
- Severability
- Contact Information
- Eligibility. Subject to Applicable Laws, you must be legally permitted to access the Site or use the Services based on your country’s laws. If you are at least 13 years of age, or subject to the age of majority of your country, your parent or legal guardian must read these Terms on your behalf. If you are a parent or legal guardian of a User under the age of 18, authorizing your minor to access any part of the Services constitutes your understanding and acceptance of the Terms described herein, and you are solely responsible for your minor’s access or use of the Site or Services. Additionally, subject to Applicable Laws, you are restricted from accessing, using, or engaging in any component of our Services if you:
- are on a denied, prohibited, or restricted party list;
- are not complying with the U.S. export control and economic requirements;
- are designated by the U.S. government as a terrorist-supporting country;
- are a convicted sex offender; or
- held an account that was disabled for violating any of Terms and/or policies.
- Indemnification. Except to the extent prohibited by law, you agree to indemnify, defend, and hold harmless us, and each of our affiliates, subsidiary(ies), partner(s), associates, or related entities, or their respective officers, directors, shareholders, members, employees, representatives, agents, contractors, third-party service providers, vendors, suppliers, or licensors, individually and collectively, as applicable, (“Privada Parties”), from and against any and all disputes, damages, losses, liabilities, costs, expenses, demands, including, but not limited to, accounting fees, attorneys’ fees, litigation costs and expenses, made by any third party, directly or indirectly, due to, arising out of, or related to:
- your access, use, or misuse, in whole or in part, of the Services;
- your breach or violation of the Terms or our policies;
- your User Content or App that you Submit or Transmit;
- your products, services, actions, or inactions;
- your violation of any third-party right, including, but not limited to, copyright, trademark, trade secret, patent, publicity, property, or privacy right;
- your violation of Applicable Laws, codes, statutes, ordinances, or any orders from any entity(ies) (administrative or legislative);
- your breach, falsification, or misrepresentation of information relating to Your Account or any user of Your Account;
- your breach or anticipatory breach of any Terms, agreements, representations, warranties, and covenants; or
- any user content or information posted, submitted, or transmitted, through Your Account or device(s), such as computer, tablet, mobile, (“Devices”), that violates of any third-party right, including, but not limited to, infringement on copyright, trademark, trade secret, trade dress, patent, publicity, property, privacy, or other rights of any person or entity or defames any person or entity.
Privada and/or Privada Parties will make their best efforts to provide the Site and/or Services with reasonable skill and attention. You agree to immediately contact Privada of any third party claim(s), cause(s) of action, or demand(s). Solely at your expense, we reserve the right to assume exclusive control and defense of any matter, which you are entitled to indemnify Privada and/or Privada Parties, and you agree to fully cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim(s), cause(s) of action, or demand(s). Privada and/or Privada Parties reserve all rights not expressly granted in, and to, its respective Site(s), Services, content, copyright, trademarks, trade secrets, and the like. We reserve all rights not expressly granted to you and reserve all rights and remedies against any users who breach the Terms.
This defense and indemnification obligation will survive the Terms and your use of the Services. If you do not agree to be bound by these Terms or our policies, you may not access nor use the Site or Services.
4. Disputes. You agree to defend, indemnify, and hold harmless Privada and/or Privada Parties from and against all demands, claims, cause of action, disputes, damages, controversy, obligations, losses, liabilities, judgments, suits, or proceedings, expenses (including, but not limited to, litigation costs and expenses, accounting, and attorneys’ fees), whether based in contract, regulation, tort, or any other legal or equitable theory, (“Disputes”). Moreover, you unconditionally agree and consent that any claim(s), dispute(s), or controversy(ies) must only be resolved by binding and final arbitration on an individual basis; and you may not bring any claim(s) as a plaintiff, representative action, class proceeding, nor as a class member, collective, or consolidation, limiting the remedies available in the event of a dispute. In addition, you waive any and/or all your rights to pursue Disputes or participate in any court or jury trial, class-action lawsuit, class-wide arbitration, collective action, private attorney actions, and consolidation with other arbitration(s) against us to seek relief.
By proceeding to access or use the Site or Services, we may provide, transmit, post, email, text message or SMS, MMS, push notification, postal mail, or notify you with known, or to be formed, disclosures, notices, announcements, transaction information, or other communications that you deem to have received, which satisfies any legal requirements.
SERVICES
5. Account Creation. Although you may have publicly interacted, communicated, submitted, or transmitted information, content, or other materials with other third parties unrelated to Privada or Privada Entities, upon downloading our application(s), creating an account, and registering your information, (“Your Account”), and/or using our Services, you are solely responsible for:
- maintaining and providing accurate, complete, truthful, and current information in Your Account;
- maintaining and updating your username(s) you create, individual/company name(s); password(s), signature, address(es), telephone number(s), email address(es), date of birth, professional affiliates, professional experience, or any other information and login credentials or data;
- for maintaining the confidentiality of, securing, deactivating, deleting, or restricting third-party access to Your Account, the password, and all activities that take place;
- any and/or all information you communicate, submit, or transmit through the Services; and
- notifying us immediately if you determine any unauthorized access or security breach to Your Account without your permission at hello@privada.services. We reserve the right to take further steps to verify the information provided by you. If you forget, or cannot validate, your password or Your Account information, you acknowledge, accept, and agree that Your Account may not be accessible to you.
- Content. Subject to your compliance with the Terms and Applicable Laws, regarding the Services:
- shared and accessible websites, content, texts, Direct Messages, posts, reviews, messages, articles, images, illustrations, graphics, designs, photographs, products, services, sounds or voice interactive services, music, any pre-recorded/recorded audio/visual content, embedded video(s), streams, live-streaming distribution, AI content, interactive features, promotions, subscriptions, including software, source/object code(s), application(s), data, third-party links affiliated to us, interfaces, tools, materials or otherwise, brands, logos, copyrights, service marks, trademarks, trade secrets, patents, intellectual property rights, (“Content”), are the property of its original/assigned owner, its affiliates, subsidiary(ies), partner(s), third-party licensors, and/or Privada or Privada Entities, which are protected by proprietary and intellectual property rights and laws. Unless you possess our expressed written permission, Privada’s logo, products, service name, and/or trademarks, in whole or in part, may not be used;
- at your own risk, you are solely responsible for any and/or all user-generated information, activity, or transactions that you publicly generate, communicate, share, post, repost, text, upload, provide, create, comment, submit, transmit, confirm, disclose, publish, download, message, email, review, store, tag, produce, promote, broadcast, syndicate, distribute, or participate in, such as the public online forums, message boards, chats, blogs, or other forms of transmissions, (“Submit or Transmit”), including, but not limited to, user-generated content, articles images, illustrations, graphics, designs, photographs, products, services, music, logo, sounds or voice interactive services, any prerecorded/recorded audio/visual content, embedded video(s), live streaming distribution, AI content, interactive features, promotions, subscriptions, which may include software, source code(s), application(s), data, third-party links unaffiliated to us, interfaces, tools, or other materials, including brands, logos, copyrights, service marks, trademarks, patents, or any intellectual property, (“User Content”). In connection with the Terms or your access or use of the Site or Services, notwithstanding anything to the contrary, in no event shall Privada, nor Privada Parties, be liable nor responsible for any User Content or Dispute arising from you partaking in the Services;
- you own any and/or all User Content that you Submit or Transmit; or
- you acknowledge, accept, and agree that you do not own, nor have any rights, to other content of other users nor Our Content.
We are under no guarantees nor obligations to take reasonable measures to monitor, scan, or inspect any content, User Content, including, but not limited to, or usage for violations of unauthorized access, use, distribution, or third-party rights.
We do not claim any ownership, proprietary, or intellectual property rights to User Content that you Submit or Transmit. At your own risk and responsibility, any User Content, data, information, materials, or ideas that you Submit or Transmit on our Services will be deemed your acknowledgement, acceptance, and agreement to be treated as confidential and proprietary content, which will not be disseminated or used by us for any purpose described herein without your written permission. Any personal data provided on our Services will be in accordance with the Terms and Applicable Laws regarding privacy.
7. Copyright Infringement. You are strictly prohibited from violating any third-party right, including, but not limited to, infringement on copyright, trademark, trade secret, trade dress, patent, publicity, property, privacy, or other rights of any person or entity or defames any person or entity. In accordance with the Digital Millenium Copyright Act of 1998, (“DMCA”), set forth, if you believe that any material(s) infringed on any copyrights, you must notify us immediately at hello@privada.services to process your notice of copyright infringement. Moreover, you may also contact us if you have any questions, concerns, or other notices relating to copyrighted material.
All notices must comply with the requirements of DMCA 17 U.S.C. § 512(c)(3). Any email notice of any copyright or other intellectual infringement must be labeled “Notice of Infringement” in the subject field of your email, must include the identification of the copyrighted work alleged to be the subject of infringement, signature of the owner or the person authorized to act on behalf of the owner of the copyright material, contact information, such as email, phone number, a summary description of copyright material, any and/or all substantive materials relating to the ownership of the copyright materials, and your attestation that your statement is under penalty of perjury where you believe the material or content alleged to have been infringed upon was not authorized by the copyright owner, its agent, or the law. Although the nature of this notice may not ensure complete removal from the Internet of the copyright materials that are publicly posted, we may take necessary appropriate action, subject to Applicable Laws. Without sufficient information and proper identifying subject descriptions, in relation to your Notice of Infringement, we are not responsible for notices that are not labeled or properly delivered, and we may not be able to respond to such notice.
Upon receipt of such notice, we may make reasonable efforts to investigate, remove and/or disable access to the content or material(s) alleged to be the subject of infringement, including, but not limited to, suspending or terminating the account user who is alleged to have infringed upon another’s intellectual property rights.
8. Permissions. We do not claim any ownership, proprietary, or intellectual property rights to User Content that you Submit or Transmit.
Subject to your compliance with the Terms and Applicable Laws, you represent and warrant that you have all rights, power, authority, clearance, permissions, to license and/or sublicense, including, but not limited to, intellectual property, publicity, copyright, proprietary, and/or contractual rights, (“Authority”) that you upload, Transmit or Submit to us, and thereby granting us, our affiliates, subsidiary(ies), partner(s), associates, licensors, authorized users, and/or Privada Parties, (“The Permissions”), the right to:
- analyze, gather, use, process, investigate, copy, modify, reproduce, combine, store, and/or archive any and/or all data you Transmit or Submit to us;
- create, develop, reformat, and/or adapt current derivative or creative works or improvements, patentable or not, translations, summaries, downloaded content, AI training and learning, metadata, or the like, which may be permitted by the features, functionalities, or other use to perform such Services for you;
- access, use, share, incorporate, produce any User Content, in any manner, mode of delivery, form, format, medium, channel, technology, media, or media channels, including your username, your name, identity, company name, franchise name, voice, concept(s) or idea(s), websites, applications, software, technology, including, but not limited to, trade names, trademarks, service marks, logos, and any and/or all images you provide through the Services or outside of our Services; or
- the transfer of, or share of, your Personal Information via servers, third-party servers, customer service, payment processing, and other related services, or nationally, which may be utilized to provide, improve, enhance, modify, upgrade, maintain, and/or protect the quality or safety of our Services, as well as to develop new services and special offers, including, but not limited to, content, products, functionalities, features, links, and/or tools.
Further, in relation to the User Content that you Submit or Transmit through the Services and The Permissions, you represent and warrant that:
- you voluntarily waive any and/or all claims, demands, actions, or assignments to us;
- you have all the Authority necessary required to grant us The Permissions to provide services to you described herein for any/all content that you Submit or Transmit to us;
- you waive all infringement, moral, equivalent, or other personal rights, privacy, data protection, or misappropriation of any proprietary rights or third-party rights against us that you Submit or Transmit; and
- we may terminate The Permissions with any user at any time, at our sole discretion, without notice or obligation to you, for any reason.
By continuing to access or use the Site or Services, you acknowledge and agree that the transfer and process of your Personal Information that you provide is governed under the laws of the State of California.
9. Use of Services. Privada provides our Services to you; however, App(s) and/or Our Content are owned and operated by us. The Site or Services are protected by copyright, trademark, and other laws by the United States copyright laws and treaty provisions. Unless you possess our expressed written permission, you are strictly prohibited from copying or reproducing the items or products downloaded to any other server or location for the purpose of reproducing, distribution, selling, sharing, transferring, assigning, or for any other reason.
We allow you permission, with limited restrictions, to access or use the Site or Services aimed to deliver services for personal, professional, educational, or entertainment use, under Your Account. Subject to our Terms and Applicable Laws, at your own risk, regardless of whether you are permitted access or use of the Services through Your Account:
- you warrant that you have all the Authority required and necessary to grant The Permissions and rights to us of the User Content you disclose, Submit or Transmit;
- you warrant and represent that the electronic Devices you use are owned and controlled by you when accessing or using of Site or Services;
- the Site, Services, and/or any of Our Content is not sold to you, nor do you acquire any ownership interest or rights in the Site, Services, or any of our Our Content;
- unless you possess our expressed written permission, Privada does not give you any right whatsoever, in whole or in part, to use Privada’s name, service name(s), logo(s), domain name(s), brand features, trademark(s), proprietary rights, and/or other distinguishing features;
- you represent and warrant the User Content you publicly or personally Submit or Transmit is not in violation of any Applicable Laws, restrictions, or third-party rights; or
- you represent and warrant that you are solely responsible for complying with all Applicable
Laws required if you are engaging in any political activities, and you will not use or solicit any of our monetization tools to deliver, receive, transact with, or contribute to any political activities, channels, or contribution(s).
As a result of the Terms and Conditions, you acknowledge, accept, and agree that there is no joint venture, agency, partnership, or employment relationship exists between you and Privada.
Unless you possess our expressed written permission or for informational, noncommercial, or personal use only, provided that all copyright and other proprietary notices are kept intact, where you do not modify, copy, or post the content on any network computer or broadcast in any public media forum, no content or any part from our Site(s), Services, or App(s), or Mark(s) owned, operated, controlled, or licensed by us may be copied, reproduced, republished, modified, aggregated, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited in any way, for any commercial purpose whatsoever.
- Modifications. Subject to our Terms and Applicable Laws, effective immediately upon your access or use of any aspect of the Site or Services, at your own risk, without notice or liability to you or to any third party, permanently or temporarily, we may add, amend, improve, modify, delete, suspend, refuse, discontinue, hide, moderate, or supplement:
- the Services, scope of the Services, the Site, Our Content, Terms or our policies, or any
information, in whole or in part, including any features, functionalities, quality, type,
compatibility, or availability; - any current or future targeted information, content, or other sponsored materials;
- content, version(s), feature(s), or functionality(ies) that may or may not be available in your location, state, region, or country; or
- Your Account, any User Content, links, other content or materials deemed or determined to be false, ineligible for monetization, including any addition, production, or creation that may be a liability for us, or that violates Terms, our policies, or rights of any third party, now or in the future.
You understand and agree that it is your responsibility to check on any modifications, amendments, or supplements to the Terms; that we will not be liable to you or any third party for any additions, amendments, improvements, modifications, deletions, discontinuances, suspensions, or supplementations of the Site, Services, or any portion thereof.
Any provisions in the Terms are for the benefit of Privada or Privada Entities where each individual or entity(ies) shall have the right to assert and enforce the provisions directly against you on its own behalf.
- Restrictions. Restrictions to accessing or using the Site or Services. is intended for United States residents over 13 years of age who may not comply with rules, regulations, laws, or legal requirements. Subject to the Terms and Applicable Laws, under Your Account, unless you possess our expressed written permission, except for its intended purpose, you are strictly prohibited from, in any form:
- directly or indirectly, in whole or in part, from altering, obscuring, adapting, reproducing, removing, modifying, interfering, altering, posting, downloading, retrieving, copying, collecting, compiling, adapting, decompiling, disassembling, reverse engineering, distributing, transmitting, broadcasting, displaying, translating, or exploiting any of Our Content, Site, Services, products, data, files, documents, derivative works or creative works, other content and materials, including, but not limited to, software, any source codes, HTML/Javascript, methods, techniques, patentable or not, for commercial, business, or for any purpose, such as to host, license, sublicense, transfer, assign, publish, distribute, lease, rent, sell, resell, lend trade, or publicly perform or make available any portion of, use of, or access to Our Content, Services, information, or materials;
- any breach or anticipatory breach of any Terms, agreements, representations, warranties, and covenants;
- engaging, in any way, by yourself or with others, to violate the Terms;
- selling, leasing, transferring, sharing, renting, or providing access to Your Account to any third party, for any reason, including, but not limited to, uploading content, selling, purchasing, or soliciting any forms of payment;
- accessing, using, or permitting another user to access other users’ account(s), or use our Services, if you do not have the Authority or are not legally competent;
- using our Services to insert your own or a third party’s branding, advertising, or promotional content into the Site’s or Services’ content or materials;
- using our Services to conduct any wrongful acts or illegal purposes, including, but not limited to, unfair trade practices, infringing (or repeatedly infringing) on any copyright, trademark, trade secrets, or intellectual property materials, patents, proprietary rights, privacy, data protection, or moral rights of any user, entity, or other third-party rights. If you believe that a user on the Services is infringing on any of the above-mentioned rights, please contact us at hello@privada.services;
- forging digital signatures of, falsely claiming affiliations to, misrepresenting information to, impersonating, tricking, or defrauding, any user(s), person(s), or entity(ies), for any purpose, including, but not limited to, attempting to collect unauthorized Personal Information, unauthorized framing, incorporating the Site or Services into other links, websites, products, services, or programs that we do not endorse or support;
- collecting, extracting, or gathering data or automated programs, email addresses, usernames, phone numbers, contact information, or any other data or private information relating to users, content, or otherwise from the Site or Services for unauthorized commercial, personal, or other purposes or motives to alter, deceive, or falsify information, including, but not limited to, solicit, spam material, petition, sell, resell, promote, advertise, email, or send bulk or junk mail, and other forms of solicitation; or
- you are strictly prohibited, for any reason, from deleting, disabling, removing, disrupting, tampering, testing, interfering with, scanning, or circumventing the functionalities, technical systems, security features, software, or otherwise, of the Services, in whole or in part, by collecting, using, storing, uploading, transmitting, submitting, scraping, forging any TCP/IP framework for any reason, or taking any other actions, including, but not limited to, using viruses, adware, worms, spyware, trojans, bugs, spiders, malicious code, altering identifiers, unauthorized script, or other automated systems, software, or programs which may prevent, delay, restrict, interrupt, destroy, shut down, severely damage, our ability to operate, properly maintain, or access the Site, Services, features, functionalities, contents, and/or use, in whole or in part, to function, resulting in, and directly affecting, connected networks, servers, software applications, security-related features, functionalities, and techniques, and user functionalities.
Submitting or transmitting any wrongful, unlawful, or harmful information, content, or other materials in any part of the Services is prohibited. Submitting or Transmitting to us, or in any part of the Services, or to any person(s), or entity(ies) content, language, reports, or materials that are improper, false, inaccurate, libelous, offensive, misleading, unlawful, infringing, bigoted, discriminatory, defamatory, obscene, inflammatory, threatening, harassing, harmful, threatening, abusive, indecent, pornographic, profane, scandalous, sexually explicit content, or invasive of privacy or publicity rights may give rise to any civil or criminal liability under the law. By accessing or using the Site or Services, you may be exposed to other user content or materials that you may find to be offensive, distasteful, or vulgar. If you do not agree to be bound by these Terms, you may not access the Site or use these Services.
- Geographical Restrictions. Privada nor Privada Entities make no representations or warranties that any content, information, products, materials or other services contained in the Site or Services are appropriate or available for access, or access from, or adheres to the applicable rules and laws of geo-located areas, other jurisdictions, or foreign country(ies).
The access or use of the Site or Services is intended for United States residents over 13 years of age and may not comply with legal requirements of other country’s laws, and regulatory requirements of other countries may differ from the United States. If you use the Services from other jurisdictions or foreign country(ies), you are solely responsible for complying with all applicable local or international laws in relation to using the Services. We reserve the right, at our sole discretion, to limit the accessibility of any portion of a Site or Services to any entity, person, third party, geographic area, or jurisdiction, including, but not limited to content, products, services, information, materials or other features.
In accordance with these Terms and Applicable Laws, for United States residents acting as a consumer from the United Kingdom, Switzerland, the European Union, or European Economic Area, or other foreign countries, Privada may provide reasonable prior notice of any notices or amendments to the use of the Services. We are not responsible for any violations of law, and you may not use or export any materials through the Services in violation of any U.S. export laws and regulations.
In compliance with Applicable Laws of the United States, if you do not cancel or delete Your Account, or any part thereof, your continued use of the Services will be deemed your acknowledgement, acceptance, and agreement to the Terms and will be at your own risk and responsibility.
- Third-Party Content & Links. The Site or Services may contain third-party hyperlinks, links, or pointers for/to other sites that may be provided or maintained by you, other users, or third parties, including third-party content and further links in a third-party site. Accessing or using third-party sites linked from our Site or Services are solely and entirely at your own risk and responsibility.
Privada grants you the revocable permission to link to certain parts of the Services. However, at any time, for any reason, we reserve the right to terminate or prohibit any link(s) to the Site or Services. Unless you possess our expressed written permission, any links to our Site or Services does not represent its relationship or affiliation with us, does not imply our endorsement, approval, nor support of its products or services, and you are strictly prohibited from:
- framing or creating a browser or border environment, nor mirror, any part of the content, Site, or Services;
- replicating Our Content;
- falsifying or misrepresenting any information about our products or Services;
- incorporating the Site or Services into other links;
- using Privada’s or Privada Entities’ copyright or trademarks;
- expressly implying our endorsement, sponsorship, and the like, of any products or services;
- directly linking, downloading, or using images on the Site or Services to be displayed on another site for any reason;
- linking images from another site to our Site or Services to the extent that the image is obscured or framed by any third-party content or materials;
- tricking or defrauding any user(s), person(s), or entity(ies) for any purpose; or
- in our opinion, containing any offensive, distasteful, vulgar, or controversial content.
We are not responsible nor liable for any links for/to other sites and are not supported, approved, endorsed, or controlled by us, and you acknowledge, accept, and agree to hold us harmless from any and all liability for any losses or damage caused by third parties to you.
At your own risk and responsibility, subject to the Terms and Applicable Laws, any link(s) that you Submit or Transmit through the Services will be deemed your acknowledgement, acceptance, and agreement that you have all Authorities to control, place, and/or enable such link(s).
14. Third-Party Access. Our Terms and Conditions explains the importance of how we collect, store, use, process, share, sell, disclose, and protect user-generated content and information that you, or other users, choose to provide to us.
Access or using the Site or Services through other third-party services or providers, distributors, App providers, or linking Your Privada Account to an account you hold with another service may provide us access and login information to your third-party account. You may, at your own risk, through third-party services, register or log on to access our Site or use our Services. However, you must also adhere to that third-party’s terms, conditions, and policies when you use the third-party(ies’) products or services and/or when you use or access communications you receive from third parties while accessing the Services. Our Terms and policies apply only to us, independent of the other service provider(s) that your other account is linked to, which you must also adhere to.
Google Play or App Store Terms. Privada is responsible for the Privada App (when available), its maintenance, Services, if you access or download the Privada App through Third-Party App providers, such as Google Play or App Store (“App Distributor”). Privada grants you the limited, nontransferable license to use the Privada App from your device(s) when you access or download Privada’s App through App Store or Google Play. The third-party App Distributor:
- has no obligation or responsibility to respond to any Claims you or any third-party may have pertaining to the Privada App;
- has no obligation or responsibility in maintaining or supporting the Privada App;
- makes no representations nor warranties on behalf of the Privada App and may enforce the Terms; and
- subject to the required Applicable Laws, will have no other warranty obligation relating to the Privada App and may have the right to enforce the Terms against you as third-party beneficiaries of the Terms.
Although Privada is responsible for administering any claims or losses should there be any failure of the Privada App (when available) to conform to any warranty, you may also contact the applicable third-party App Distributor. Subject to Applicable Laws, Privada shall address any third-party infringement claims upon a third party’s intellectual property rights. Further, although you may be using the Privada App, you must also adhere to third-party App Distributor’s terms or policies.
15. Third-Party Providers. Subject to the Terms and policies, we may have, or may send, you links to other content and materials, including, but not limited to, other user content, known or unknown, outside of the Site or Services, your User Content, products, services, advertisements, promotions, applications, software, tools, and/or information from other sources, (“Third-Party Content”), provided by affiliates, partners, advertisers, service providers, and other users, and/or may be derived from other third parties, for any purpose, (“Third-Party Providers”). You may have, or will sign up and create, a third-party account, (“Third-Party Account”), with Third-Party Providers.
While accessing or using the Site or Services, we may use Third-Party Content that you access or use, including, but not limited to, links, materials, features, and functionalities that power AI query features, posts, transmissions, content, chat services, data, predictions, responses, search, and like services, (“Third-Party Functions”).
By engaging with, engaging outside of, or access or using, the Services, your access with, use of, conduct with any Third-Party Content, Third-Party Providers, Third-Party Functions, including, but not limited to, transactions, purchases, communications, promotions, other engagements, as well as external links or websites or mobile applications accessed from the Site or Services, or otherwise:
- is solely at your own risk;
- is solely your obligation and responsibility to pay any and/or all fees due, charges, or usage limitations associated to, and incurred by, you;
- you have the Authority to grant us access to your Third-Party Account, including, but not limited to, other content, information, or contact lists;
- you are subject to, and regulated, by their own terms of service and policies;
- may lead to unfair, unreliable, or bias data and/or predictions;
- any and/or all content or materials you share, copy, link, or store with other Third-Party Providers who then use, access, share, or store these contents or materials to others are solely your responsibility;
- is the responsibility of other third parties, entities, and/or individuals;
- is solely your responsibility to contact us at hello@privada.services if you disable the connection between the Services and your Third-Party Account;
- is not our responsibility or liability, and are not supported, approved, endorsed, or controlled by us, and that you acknowledge, accept, and agree to hold us harmless from any and all liability for any losses or damage caused by third parties to you;
- is not supervised, reviewed, surveilled, investigated, or edited by us to check for any accuracies or inaccuracies, reliability, completeness, legalities, nor improprieties; or
- is not, in any way, our representation, views, or warranty relating to Third-Party Providers, Third-Party Content, Third-Party Functions, conduct, or otherwise.
16. Advertisements. While accessing or using the Site or Services, you may be exposed to advertising content pertaining to products or services that we may also offer as part of the Services. Additionally, advertisers represent and warrant that they have all the Authority, and are solely responsible and liable, for any and all advertisements, products, services, or other content they may place in certain areas of the Site or Services. Subject to the Digital Millenium Copyright Act Notice and Policy Takedown processes, advertisers acknowledge, accept, and agree that no refunds nor compensation are granted; that Privada or Privada Parties are not responsible nor liable whatsoever to any of the advertisers’ advertisement, content, products, services, and/or actions.
17. Miscellaneous Fees. The Services may offer available services, features, and functionalities to you through your mobile device. Accessing or using the Site or Service through your mobile device may necessitate downloading applications, uploading content, and/or accessing messages. You are solely responsible for any standard messaging, data, or any other fees, known or unknown, charged by your mobile carrier (“mobile fees”). Privada or Privada Parties are not responsible or liable for any of your mobile carrier fees. In the event that we may charge any mobile fees to you, we will communicate with you via your mobile device relating to Privada and disclose the charges to you prior to completing any registration.
18. Promotions. You may promote, conduct, or administer contests, competitions, sponsorships, awards, events, panels, (“Promotions”), as a promoter, through our Services. Subject to your compliance with terms and policies, Applicable Laws, and/or U.S. Federal Trade Commission Guidelines, (“Ad Guidelines”), regardless of whether you permitted the access or use of the Services through Your Account, unless you possess our expressed written permission, at your own risk:
- you are solely responsible for any and/or all facets of the operations of your Promotions, including, but not limited to, notices, posts, discussions, content, performance, expenses, rules, regulations, limitations, eligibility, obligations, restrictions, filings, licenses, insurances, fees, bonds, regulatory approval, safety, security, accounting, taxes, transactions, and related functions, and, specifically, the acknowledgment and agreement from all participants of your Promotions of our release from any and/or all liability;
- you are solely responsible for all transactions, participation, activities, product, products, or service swapping, content disclosures, and the like, with any third parties that you may find, or interact with, through the Services;
- your Promotions are not our responsibility or liability, and we do not, and will not, support, approve, endorse, or control, and that you acknowledge, accept, and agree to release and hold us harmless from any and all liability for any losses or damage caused by you and/or third parties to you;
- you, or your Promotions, will not, and are restricted to, describe us, in any way, shape, or form as sponsors, co-sponsors, endorsers, administrators, associates, or supporters of your Promotions; and
- should your Promotions violate any of our Terms and policies, or the rights of any third party, we have all rights to delete or cancel your Promotions at any time.
By conducting any Promotions on the Site or through the Services, you represent and warrant that you have all the Authority, rights, permissions, or clearances to waive: (i) any approval or inspection of any marketing or promotional materials, or (ii) any and all rights of privacy, publicity, morality, and any other rights.
19. Products and Services. Subject to Applicable Laws and your compliance with the Terms, in any action within the Site or Services, for marketing, promotional, and/or distribution purposes, at any time, for any reason:
- we reserve the right to accept, refuse, decline, cancel, or classify any products or services;
- any products or services submitted or transmitted may be subject to approval;
- we reserve, and have, with your written and executed permission, the exclusive right to monetize products or services, including, but not limited to, the right to sell, resell, promote, conduct, administer, display, and/or market products, services, including, but not limited to, promotions, contests, competitions, sponsorships, awards, and the like;
- you represent that you have all the Authority to Submit or Transmit any content, materials, products, or services through the Services and that you grant us all The Permissions, under copyright law or otherwise, to use, disseminate, monetize, place, and/or distribute, in any manner, mode of delivery, position, form, format, or medium as described herein;
- nothing constitutes a binding offer to distribute, sell, donate, or offer any products or services; and/or
- rates for purchases and specifications may be subject to change.
20. WARRANTIES AND DISCLAIMERS. YOU EXPRESSLY AGREE THAT YOUR ACCESS OR USE OF THE SITE OR SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT THE SERVICES AND ALL CONTENT CONTAINED WITHIN THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MATERIALS, CONTENT, THIRD-PARTY LINKS TO OTHER SITES, PRODUCTS, SERVICES, DOWNLOADED SOFTWARE, OR ADVERTISEMENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY OR USE AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, WARRANTIES AGAINST INFRINGEMENT, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE.
PRIVADA, NOR PRIVADA PARTIES, IN CONNECTION WITH THESE TERMS OR YOUR ACCESS OR USE OF THE SITE OR SERVICES, DO NOT MAKE ANY WARRANTIES, PROMISES, OR REPRESENTATIONS OR ANY KIND, EXPRESSED OR IMPLIED, RELATING TO THE SITE, SERVICES, USER CONTENT, MATERIALS OR OTHER CONTENT, ADVERTISING CONTENT, INFORMATION, THIRD-PARTY LINKS TO/FROM SITES OR RESOURCES, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH, AND/OR THE RESULTS THAT MAY OR MAY NOT BE OBTAINED FROM USE OF THE CONTENT OF, THE SITE OR SERVICES.
PRIVADA DOES NOT, NOR DO PRIVADA PARTIES, MAKE ANY WARRANTIES, PROMISES, OR REPRESENTATIONS OF ANY KIND:
- THAT THE AVAILABILITY, FEATURES, OR FUNCTIONS OF THE SITE OR SERVICES WILL BE UNINTERRUPTED, CONTINUOUS, ACCESSIBLE, SECURE, TIMELY, OR ERROR-FREE;
- OF ANY ACCURACIES, RELIABILITY, AVAILABILITY, COMPLETENESS, ACCEPTABILITY, TRUTHFULNESS, LEGALITIES, IMPROPRIETIES, SECURITY, APPROPRIATENESS FOR CHILDREN, OR TIMELINESS OF ANY INFORMATION, MATERIALS, CONTENT, PRODUCTS, SERVICES, OR DATA SUBMITTED, TRANSMITTED, STORED, AND/OR CONTAINED WITHIN, OR THROUGHOUT THE SITE OR SERVICES FROM USER CONTENT, THIRD PARTIES, OR OTHERWISE;
- THAT THE ABILITY TO AUTOMATICALLY DOWNLOAD AND/OR INSTALL UPDATES AND THE LIKE WILL BE AVAILABLE;
- THAT ISSUES, DELETIONS, DEFECTS, OR FAILURES IN SUBMITTING, TRANSMITTING, STORING, OR USABILITY WILL BE CORRECTED;
- THAT THIS SITE, SERVICES, OR THE SERVERS ARE SECURE, FREE OF VIRUSES, MALWARE, ALTERING IDENTIFIERS, SPYWARE, OR OTHER UNAUTHORIZED, HARMFUL, OR DAMAGING SOFTWARE, APPLICATIONS, OR COMPONENTS;
- THAT THE SERVICES OR SERVERS DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON, BUSINESS, OR ENTITY;
- THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MAINTAIN THE PROPER SUPPORT OR FUNCTIONING OF THE SITE OR SERVICES, OR WILL MEET YOUR REQUIREMENTS;
- OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES, MATERIALS, USER CONTENT, ACTIVITY, POSTS, DOWNLOADS, THIRD-PARTY LINKS, TO/FROM SITES OR RESOURCES, OR TRANSACTIONS SHARED WITH, SOLD TO, SOLD/PURCHASED BY, OR PROVIDED BY ANY THIRD PARTY, USERS, ADVERTISERS, PROMOTERS, SPONSORS, ORGANIZATIONS, OR OTHER ENTITIES OR THIRD PARTIES ACCESSING OR USING THE SITE OR SERVICES;
RELATING TO TAX OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT;
OF ANY HARM TO YOUR DEVICES, SUCH AS COMPUTER, MOBILE, TABLET, OR OTHER PROPERTY THAT MAY CAUSE TECHNOLOGICAL FAILURE, MALFUNCTION, DATA LOSS, OR OTHER HARM. YOU EXPRESSLY AGREE THAT YOU SOLELY ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION; AND
- FOR ANY WRONGFUL, UNLAWFUL, OR HARMFUL ACTIONS OR DAMAGE CAUSED BY THIRD PARTIES, USERS, OR AN ACT OF GOD.
21. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, IN CONNECTION WITH THESE TERMS OR YOUR ACCESS OR USE OF THE SITE OR SERVICES, NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL PRIVADA, NOR PRIVADA PARTIES, BE LIABLE NOR RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL EXEMPLARY OR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF GOODWILL, LOST PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, LOST TRANSMISSIONS OR DATA, LOST OPPORTUNITIES, OR OTHER TANGIBLE LOSSES OR DAMAGES), TREBEL, WORK STOPPAGE, ALLEGED LOSSES, INCLUDING, BUT NOT LIMITED TO, PERSONAL OR BODILY DAMAGE, EMOTIONAL DISTRESS, THE COST OF SUBSTITUTE SERVICE, DEVALUATION OR YOUR INFORMATION, OR OTHER MULTIPLE DAMAGES OF ANY KIND, WHETHER SUCH ALLEGATIONS ARE FOR TORTS, NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF WE HAVE OR HAVE NOT BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING FROM, IN CONNECTION WITH, OR RESULTING FROM:
- ANY CONDUCT, ACTIONS, AND/OR INACTIONS OF ANY USER OR THIRD PARTY;
ANY CONTENT, INFORMATION, SERVICES, PRODUCTS, MATERIALS, USER CONTENT, ACTIVITY, POSTS, DOWNLOADS, THIRD-PARTY LINKS TO/FOR SITES OR RESOURCES, OR TRANSACTIONS SHARED WITH, SOLD TO, SOLD/PURCHASED BY, OR PROVIDED BY ANY THIRD PARTY, USERS, ADVERTISERS, PROMOTERS, SPONSORS, ORGANIZATIONS, OTHER ENTITIES, OR THIRD PARTIES ACCESSING OR USING THE SITE OR SERVICES;
- YOUR USE OF, LOSS OF USE, LIMITATION, AND/OR SUSPENSION OR TERMINATION TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, YOUR ACCOUNT;
- ANY AMENDMENTS, MODIFICATIONS, DELETIONS, REMOVALS, OR SUSPENSIONS OF ALL OR PART OF ANY CONTENT, SITE, OR SERVICES;
- THE CONTENT RELATING TO ANY ERRORS, OMISSIONS, DEFECTS, MISTAKES, MALFUNCTIONS, FAILURES IN USE, PERFORMANCE, SUPPORT, STORING, TECHNICAL OR OTHERWISE, ANY ANY CONTENT, SITE, OR SERVICES;
- YOUR RELIABILITY ON THE AVAILABILITY, COMPLETENESS, ACCEPTABILITY, TRUTHFULNESS, LEGALITIES, IMPROPRIETIES, SECURITY, APPROPRIATENESS FOR CHILDREN, OR TIMELINESS OF ANY VIEWS, OPINIONS, RECOMMENDATIONS, FACTS, STATEMENTS, INFORMATION OR CONTENT SUBMITTED, TRANSMITTED, STORED, AND CONTAINED WITHIN THE SERVICES OF ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR DATA PROVIDED THROUGHOUT THE SITE OR SERVICES FROM USER CONTENT, ADVERTISERS, PROMOTERS, SPONSORS, ORGANIZATIONS, OR ANY OTHER ENTITIES OR THIRD PARTIES;
- ANY CONDUCT, CONTENT OF ANY USER OR THIRD PARTY ON THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTACT OF OTHER USERS OR THIRD PARTY;
- ANY UNAUTHORIZED ACCESS TO, USE OF, ALTERATION TO, RECORDING OF, AND/OR SECURITY BREACH OF YOUR DATA, YOUR ACCOUNT, CONTENT, OR TRANSMISSIONS;
- VIRUSES, MALWARE, ALTERING IDENTIFIERS, SPYWARE, OR OTHER UNAUTHORIZED OR HARMFUL OR DAMAGING SOFTWARE OR COMPONENTS;
- ANY HARM, THEFT, OR DESTRUCTION TO YOUR DEVICES, SUCH AS COMPUTER, MOBILE, TABLET, AND/OR OTHER PROPERTY THAT MAY CAUSE TECHNOLOGICAL FAILURE OR MALFUNCTION, DATA LOSS, OR OTHER HARM;
DATA CHARGES, SMS/TEXT-MESSAGING CHARGES, OR ANY OTHER THIRD-PARTY CHARGES FROM THIRD-PARTIES UNAFFILIATED TO US;
- ANY DIRECT DAMAGES, OR IN THE AGGREGATE, SHALL NOT EXCEED FIFTY DOLLARS ($50) OR THE AMOUNT PAID TO US, WHICHEVER IS LESSER OF THE AMOUNT, IN THE TWO MONTHS PAST BASED ON ANY CAUSE(S) OF ACTION ARISING FROM, OR IN CONNECTION TO, YOUR ACCESS OR USE OF THE SITE OR SERVICES. PLEASE CHECK YOUR STATE LAWS WHERE YOU RESIDE RELATING TO LIMITATIONS OF LIABILITY ON WARRANTIES OR DAMAGES; AND
- ANY WRONGFUL, UNLAWFUL, OR HARMFUL ACTIONS OR DAMAGE CAUSED BY THIRD PARTIES, USERS, OR AN ACT OF GOD.
UNLESS YOU POSSESS OUR EXPRESSED WRITTEN PERMISSION, PRIVADA, NOR PRIVADA PARTIES, DO NOT, AND WILL NOT, WARRANT, REPRESENT, ENDORSE, SUPPORT, APPROVE, SPONSOR, CO-SPONSOR, OR CONTROL ANY USER CONTENT, THIRD-PARTY CONTENT, OR ANY OTHER CONTENT. PRIVADA AND PRIVADA PARTIES DISCLAIMS ANY AND/OR ALL EXPRESSED OR IMPLIED PROMISES OR WARRANTIES RELATING TO THE SITE OR SERVICES.
ACCESSING THE SITE OR USING THE SERVICES IS AT YOUR OWN RISK. IF YOU ARE NOT SATISFIED WITH ANY OF OUR POLICIES, DISCLAIMERS, LIMITATIONS OF LIABILITY, CONTENT, OR MATERIALS IN THE SITE OR SERVICES, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.
22. Class-Action Waiver. You acknowledge, accept, and agree that any demands, claims, cause of action, disputes, damages, obligations, losses, liabilities, judgments, expenses (including, but not limited to, litigation costs, accounting, and attorneys’ fees), due to, arising from, or related to the Terms or Our Policies, Privada, and/or Privada Parties, you unconditionally consent to, and agree that, any claim(s), dispute(s), or controversy(ies) must only be resolved by binding and final arbitration on an individual basis; and you may not bring any claim(s) as a plaintiff, representative action, class proceeding, nor as a class member, collective, or consolidation, limiting the remedies available in the event of a dispute. In addition, you waive any and/or all your rights to participate in any court or jury trial, class-action lawsuit, class-wide arbitration, collective action, private attorney actions, and consolidation with other arbitration against us.
23. Informal Dispute Resolution. Privada believes that good-faith efforts to resolve any Disputes before any arbitration are mutually beneficial to all parties involved. You acknowledge, accept, and agree that, before any arbitration procedures begin, any Disputes will, initially, be resolved through an informal, telephonic meet and confer or by email between you, and your representative (if any), and Privada to discuss the Dispute(s) to reach an informal resolution.
The party initiating the informal dispute resolution must send a meet and confer notice, (“Notice”), arising from any Disputes, must give Notice to the other party in writing at hello@privada.services, which shall occur within 60 days, or on an agreed upon period of time, after the Notice is received by the other party. The Notice must include your name, and your representative (if any), contact information, such as email, phone number, (and representative information, if any), a summary description of the nature of the dispute, the specific relief sought, including the calculation of damages sought, and your attestation that the summary description is under penalty of perjury. Any Notice to you will be sent to your email address associated with Your Account. From the time of the initial Notice and before arbitration procedures may begin, if at all, the parties may continue to attempt to resolve any Disputes provided to Privada. The parties agree that any applicable limitations period or filing fees or deadlines will be tolled while the parties engage in an informal dispute resolution. This section does not apply to Disputes relating to intellectual property.
24. Arbitration Agreement. If you are not satisfied with the attempt to initially resolve the dispute informally as described above, regardless of what forum the initiating party chose, unless you possess our expressed written consent in writing, you and Privada acknowledge, accept, agree, and consent that:
- you and Privada agree to resolve any legal dispute in accordance with the laws of the State of California and applicable United States laws;
- to the maximum extent allowed by law, except as set forth in the Informal Dispute Resolution, any dispute, claim, controversy, or cause of action arising out of, relating to, or connected, in any way, with Privada’s Terms, access or use of the Site or Services, or content will be resolved by final and binding arbitration administered by the American Arbitration Association, (“AAA”), in an individual capacity only, and not the courts of general jurisdiction nor may you bring any claim(s) as a plaintiff, representative action, class proceeding, nor as aclass member, collective, or consolidation, limiting the remedies available in the event of a dispute. The AAA rules are available online at www.adr.org; and
- you waive any and/or all your rights to participate in any court or jury trial, class-action lawsuit, class-wide arbitration, collective action, private attorney actions, and consolidation with other arbitration against us.
Exceptions to this Arbitration Agreement are that you and Privada: (i) retain the right to sue in small claims court, (ii) may bring suit in court to determine the enforceability of the informal dispute resolution process, and/or (iii) may bring suit in court against each other to seek declaratory or injunctive relief to enjoin the infringement or other misuse of intellectual property rights.
25. Termination of Access. Until terminated by you or us, the Terms and Conditions are in effect. We reserve the right, at any time, for any reason, to restrict, terminate, suspend,and/or delete, in whole or in part, your access and/or use of the Services, your password or Your Account, without noticing you, if we believe that you breached or violated the Terms set forth herein, including, but not limited to, possible legal liability or dormant account(s). Any violation of these Terms may be referred to law enforcement authorities. Subject to your access or use of the Services, you will continue to be bound by the Terms in effect as of the date of Your Account restriction, termination, suspension, and/or deletion, which will not limit our rights or remedies at law or in equity.
26. Notices and Changes to Terms and Services. At any time, for any reason, Privada may revise provisions of the Terms and Conditions, use, and other functionalities or features to comply with Applicable Laws, regulations, including, but not limited to, improvements, modifications, or upgrades. You acknowledge, accept, and agree that Privada and you will electronically communicate. Privada will use reasonable efforts to electronically provide, transmit, email, text message or SMS, MMS, post, push notification, postal mail, or notify you with known, or to be formed, disclosures, notices, announcements, transaction information, or other communications that you deemed to have received, which satisfies any legal requirements. If you continue to access or use the Site or Services after the notice is posted, you will be deemed to have acknowledged and agreed to be legally bound that the latter agreement of our Terms, policies, and/or Services shall prevail. If you do not agree to be bound by these Terms or our policies, you may not access or use the Site or Services.
27. Governing Law and Forum Choice. Any Disputes arising out of, or in connection with the Site or Services, Terms, and/or content shall be governed by, and construed, in accordance with the laws of the State of California, without giving effect to conflicts-of-law provisions, except to the extent that law is inconsistent with or preempted by federal law. You and Privada unconditionally and irrevocably consent and agree to: (i) waive any objection to jurisdiction and venue in federal or state courts; (ii) submit to the appropriate state or federal court located in Los Angeles County, California, (iii) any Disputes or cause of action arising out of, or in connection with the Site or Services, Terms, and/or content must be filed within one (1) year after such claim or cause of action arose or be forever barred, and (iv) agree to service of process by email.
28. California Residents. If you are a California resident, you hereby waive California Civil Code § 1542, and/or any similar provision in another jurisdiction, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If you are not a California resident, under any statute or common law principles similar to California Civil Code § 1542, you waive your rights that governs your rights in the jurisdiction where you reside.
29. Survivability. The provisions of the Terms shall survive the termination of Your Account, access or use of the Site or Services provided, and this agreement. In the event of the termination of the Terms, for any reason, you acknowledge, accept, and agree that provisions relating to The Permissions, Disputes, Warranties and Disclaimers, Limitation of Liability, your access or use of the Site or Services, and other provisions will survive where equitable and appropriate.
30. Miscellaneous. To affect any waiver of any provision of our Terms or policies, Authorization must be written and signed by an authorized Privada representative. Our failure to enforce or insist upon performance of any provision of this agreement shall not be construed as a waiver of any provision or right. The course of dealing between the parties or usage of trade shall not act to modify any provision of the agreement. At any time, for any reason, without notice to you, we may assign our rights and duties under this agreement to any party. We reserve our rights to enforce these rights and provisions now or in the future.
31. Entire Agreement. The Terms and Our Policies constitute the entire agreement between us and you with respect to the subject matters contained in these Terms and supersedes all prior and contemporaneous notices, agreements, and communications, written or oral, between you and Privada or Privada Parties regarding your use of the Services. Without our expressed written authorization, the Terms may not be amended, altered, nor waived. The Terms are not for the benefit of, and do not create, any third-party beneficiaries. You acknowledge and agree that you do not have any Authority to bind Privada or Privada Parties in any manner, nor are you a partner, agent, employee or joint venture of Privada.
We reserve the right, without noticing you, at any time, to revise, amend, add, modify, improve, change, supplement, restrict, discontinue, and/or suspend, in whole or in part, any access, use, availability, feature, functionality, products, services, descriptions, errors, omissions, and/or support of the Site or Services.
32. The Terms and policies are binding upon and shall inure to the benefit of the parties, each of our affiliates, subsidiary(ies), partner(s), associates, or related entities, or their respective officers, directors, shareholders, members, employees, representatives, agents, contractors, third-party service providers, vendors, suppliers, or licensors. Unless you possess our expressed written permission, under the Terms, you may not, and will not, transfer or assign any of your rights or obligations to anyone. Without our written consent, any assignment shall be void and invalid.
33. If any provision of the Terms is found invalid, void, or unenforceable, such provision shall be fully severable, and shall not affect the validity and enforceability of any remaining provisions of the Terms.
34. Contact Information. If you have any questions, or need further assistance, please contact Privada at hello@privada.services.
