Terms of PrivMX Services
Effective: 15th of September 2020
§ 1 Definitions
The definitions used in this Terms of Service should be understood as:
- Service Provider (or Company) – PrivMX B.V. with its registered office in Amsterdam, The Netherlands, address: Beethovenstraat 170, 1077JX Amsterdam, registered in Netherlands Chamber of Commerce under KVK number 76690830, RSIN number: 860751570, VAT EU number: NL860751570B01,
- Terms of Service – regulations constituted in this document,
- Client – natural person, legal person or organizational units without legal personality, having legal capacity, who/which has accepted provisions of this Terms of Service,
- Party – the Service Provider or a Client,
- User – a person who has an account in a PrivMX Team Server or any other account enabling to use PrivMX Services,
- PrivMX Services - online services provided by the Company to Clients and their Users by electronic means, enabling them to use functionalities of PrivMX Control Center and PrivMX Team Servers as well as other functionalities, according to the provisions of this Terms of Service,
- PrivMX Control Center (or Control Center or CC) – a website which allows Clients and their selected Users to manage PrivMX Services provided to them by the Service Provider,
- PrivMX Team Server (or Team Server) – virtual or dedicated server created by a Client within the Service Provider’s infrastructure, providing a Client and Users with storage and activity synchronization functions,
- PrivMX Team Keeper (or Team Keeper) – an User with an administrative privileges within a Team Server,
- PrivMX App – a client software, created, licensed and distributed by the Company, enabling Users to use PrivMX Services,
- Consumer – a natural person, which uses PrivMX Services in connection with their personal or household activities, not with business or enterpreneurial activities.
§ 2 General Arrangements
- These Terms of Service constitute a binding agreement between the Service Provider and a Client, and define the rights and obligations of a Client, Users and the rules for using the PrivMX Services. The Terms of Service also specify the rights and obligations of the Service Provider. Creating a Client’s account and accepting the provisions of these Terms of Service or starting to use one of the PrivMX Services in connection with obtaining a free trial access shall be considered as the conclusion of a contract for the provision of electronic services between the Service Provider and a Client.
- PrivMX Services allow Clients to perform a number of activities connected with communication within the team and the organization of work within the team, including in particular:
- creating Users’ accounts by a Team Keeper and granting them access rights within the specified Team Server,
- logging in to the Team Servers, created by a Client,
- exchanging information and files between Users,
- contacting other Users via the chat function,
- creating and working on tasks created within the Team Server.
- Using the PrivMX Services is possible via:
- Desktop Application - the version of PrivMX App installed on the User’s device - a computer with the Windows, Mac OS or Linux operating system,
- Service Provider’s Website – a Client may access Control Center via Client’s web browser,
- Mobile Application - the version of PrivMX App installed on mobile phones with the Android or iOS operating system. The Service Provider states that Mobile Application may be not available for all users, as it is in early development stage.
- The Service Provider reserves the right to verify if personal data provided by a Client which is an entrepreneur, are valid, in particular by verifying the data provided by them within Control Center with the data presented in publicly available business registers, such as the Central Business Activities Registry or the Court Registries, functioning in a Client’s country of origin.
- Due to the fact that a Client has the right to create User’s accounts for his employees, co-workers or other persons with whom a Client communicates, a Client is obliged to acquaint Users with the provisions of this Terms of Services, including in particular license terms, liability and User’s rights and obligations. A Client is responsible for Users’ actions within Control Center or Team Servers as for its own.
- If a Client or User uses PrivMX Services by using Apple’s device, such as IPhone, IPad or Mac computer, or downloads PrivMX App via Apple App Store, a Client hereby states that they (or any of them separately) are not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and he/she is not listed on any U.S. Government list of prohibited or restricted parties.
- In order to enter into an agreement with the Service Provider, a Client that is a natural person hereby declares that he or she is of legal age and may enter into legal agreement and his or her rights are not in any way limited, according to provisions of applicable law.
- A person acting on behalf of a Client who is a legal person, hereby states that he or she is fully entitled to act on behalf of a Client and enter into a binding agreement between a Client and the Service Provider.
§ 3 Free trial access
- The Service Provider has the right to grant free trial access to PrivMX Services to a Client, in accordance with the conditions established by the Service Provider.
- Free trial access may be granted with own initiative of the Service Provider for a selected entities that may be potential Clients or Users of PrivMX Services. The Service Provider is also entitled to grant free trial access through his website or directly via the PrivMX App.
- Time of a free trial access, granted in accordance with the provisions of point 1 is specified by the Service Provider. The Service Provider informs a Client about duration of a free trial access during the process of registering Client’s account or at the moment of starting using a free trial access.
- Using PrivMX Services during the free trial access is free of charge.
- After the end of the free trial access period referred to in point 3, a Client’s account and Users’ accounts created by a Client may be blocked by the Service Provider. In this case, a Client may not use the functionalities of PrivMX Services. If a Client wants to delete his account, he should submit such a request to the Service Provider by sending an electronic message to the following address: firstname.lastname@example.org.
- After the end of the free trial access referred to in point 3, a Client has the right to continue using PrivMX Services after purchasing the service in accordance to the provisions of this Terms of Service. In this case, a Client may keep the data, files, conversations of Users and other elements saved within the Team Server and use them during further usage of PrivMX Services, unless these data were deleted by the Service Provider, subject to the provision of point 7.
§ 4 Creating an account
- Using specific functionalities of PrivMX Services, especially concerning receiving invoices for business entities, may require entering the following data:
- the name and surname of an entrepreneur if he or she is a natural person or a company name of a entrepreneur or other organization if it is not a natural person,
- name and surname of a contact person - especially if an entrepreneur is not a natural person,
- tax identification number,
- business address.
- Providing data mentioned above and accepting these Terms of Services leads to a creation of a Client’s account. Access to a Client’s account is possible via the Control Center.
- A Client may use the Control Center in order to:
- change a Client’s data mentioned in point 1 or 2,
- create, name, configure or delete Team Servers linked with a Client’s account,
- create a Team Keeper’s account associated with a Team Server,
- obtain information about payments, view and download invoices connected with services used by a Client,
- extend the duration of using PrivMX Services.
- If a Client does not have the possibility of using PrivMX Services during a free trial access period, activation of PrivMX Services requires creating a Client’s account, in accordance with the provisions of this paragraph and paying a remuneration for access to the service, in accordance with the provisions of § 9 of this Terms of Service. In this case, access to PrivMX Services and the possibility to use PrivMX Services is activated after the payment is credited to the Service Provider’s bank account.
- In order to create a Client’s account, a Client is required to set a login and a password. The Service Provider suggests that the password set by a Client should contain at least 8 characters, including uppercase and lowercase letters and at least one digit.
- After creating a Client’s Account, a Client may create a Team Server, enabling the use of PrivMX Services by a Client and the team of its Users, whose accounts may be created by a Client. A Client may also create an account with administrative privileges, assigned to a given Team Server (Team Keeper’s account). Each Team Server may have more than one Team Keeper.
- After completing steps mentioned in this paragraph, especially creatingf a Client’s account within the Control Center, creating a Team Server and, if required, paying a fee for using PrivMX Services, a Client may use PrivMX Services.
- A Consumer may withdraw from the agreement concerning providing PrivMX Services, within 14 days of registering their account and accepting provisions of this Terms of Services. A declaration of withdrawal may be sent by a Consumer to the Service Provider’s e-mail address email@example.com, or via post, sending a statement to an address: Beethovenstraat 170, 1077JX Amsterdam, the Netherlands. A Consumer may also delete his or her account directly via the Control Center, what also constitutes termination of an agreement for providing PrivMX Services. Withdrawal from the agreement by the Consumer leads to refunding any payments made by a Consumer before the expiry of 14 days’ term mentioned above. In order to withdraw from an agreement, a Consumer may use model withdrawal form, attached to these Terms of Service in Annex 1.
§ 5 Technical requirements
- To use services provided by the Service Provider, it is necessary for a Client or a User to have:
- if PrivMX App is being used on User’s Mobile device - a mobile phone with Android OS version not lower than 6.0 or with iOS version not lower than 12.3.1, with updates of operating system installed and security patches installed,
- if PrivMX App is being used on the User’s computer with a Desktop Application:
- a computer with Windows OS version 7, 8, 8.1 or 10, with security patches and operating system updates installed,
- a computer with OS X version 10.10 or higher, with security patches and operating system updates installed,
- a computer with an operating system in the Linux family, in the supported distribution, e.g. Debian, Linux Mint or Ubuntu, with security patches and operating system updates installed.
- The Service Provider is not in any way liable for incorrect operation or malfunction of PrivMX Services if a Client does not provide appropriate hardware or software, according to provisions mentioned above. Such a case is not considered as a justification of a withdrawal from the contract for providing electronic services.
§ 6 Creating additional Users’ Accounts
- A Team Keeper of a given Team Server has normal User’s rights, enabling him to perform regular tasks within a Team Server, and other rights that allow him to create Users’ accounts within Team Servers assigned to this Team Keeper.
- A User’s account is connected to a given Team Server. If a Client wants a specific person to be able to use the functionalities of more than one Team Servers, a Client should create User’s accounts for that person within each of the selected Team Servers, using the functionalities assigned to the Team Keeper or Team Keepers of these Team Servers.
- A Team Keeper may create User’s accounts assigned to a given Team Server. Creating a User Account can be performed as follows:
- by creating a Managed User’s account– it may be done with creating a login and generating a temporary password. After creating the account, the managed User should log in using his temporary login and password. After logging in, he or she will be asked to set a User’s password.
- by creating a Private User’s account - in this case, a Client creates activation link and provides this link to a private User . Such a User creates its own User’s account within the Team Server. A Private User should set his or her own password.
- As part of their profiles, Users have their public data visible to other Users of a given Team Server, such as name, surname and avatar (image depicting a certain user).
- A password of a Managed User can be reseted by each of a Team Keeper. The Private User’s password cannot be reseted by a Team Keeper, which means that any potential loss of such a password by a User may result in the inability to recover data saved within specified User’s account.
- Each Team Keeper has the privilege to create accounts for external Users. In this case, it is necessary to provide such a User’s e-mail address, which will be used to log in to the given Team Server as a login. With the creation of an external User’s account, a temporary password is generated. An external User changes the temporary password during first logging into the Team Server. The password of an external User may be reset by a Team Keeper.
- After activating a User’s account, a Team Keeper may grant Team Keeper’s privileges within the given Team Server to an owner of this User’s account.
- A User with Team Keeper’s privileges may grant or withdraw Users’ rights within a given Team Server and delete accounts of individual Users.
- Users may activate additional functionalities as part of their Users’ accounts, such as two-factor authentication or automatic notifications about new activities within a Team Server to their e-mail address. To take advantage of these functionalities, a User may be required to provide additional information, such as a phone number or an e-mail address.
§ 7 Providing services by the Service Provider
- The contract for the provision of electronic services is concluded for an indefinite period, with creating a Client’s account and accepting these Terms of Services.
- The Service Provider provides services to a Client via electronic means of communications from the moment of concluding the contract for the provision of electronic services.
- The contract for the provision of electronic services is a binding agreement between the Parties as long as a Client has an account within the Control Center. The Service Provider states that a certain part of PrivMX Services may be available only after payment of remuneration in accordance with the provisions of these Terms of Service or during the test access referred to in § 3 of these Terms of Service. The remuneration referred to in this paragraph may cover the possibility of using PrivMX Services for a specified period of time, within a specified number of Team Servers or a limited number of Users.
- The Service Provider provides services with electronic means of communications in a way enabling uninterrupted use of PrivMX Services, 7 days a week, with a restriction of performing possible, periodic maintenance work, about which the Service Provider will inform Clients at least with at least three days’ prior notice. The Service Provider reserves the right to carry out repair work also on an ad hoc basis, without informing Clients in advance, in particular to eliminate errors or defects whose removal is not associated with the need to shut down PrivMX Services for a long time. Information on planned service work will be sent to Clients via email, to the email address provided by a Client within Control Center.
§ 8 Rights of Clients and Users
- The Service Provider informs that Clients and Users may use PrivMX Services in a continuous way according to the provisions of § 7, which allows the use of the functionalities referred to in § 2 point 2 of these Terms of Service.
- Due to the fact that the Service Provider undertakes activities focused on developing PrivMX Services, the detailed scope of possibilities offered by PrivMX Services may change. The Service Provider states that it makes every possible effort to ensure that the development of PrivMX Services does not significantly affect the use of the available functionalities offered by the Service Provider. However, the Service Provider reserves the possibility to make changes concerning PrivMX Services, including changes in the interface, UX (user-experience), the way in which specific services work as elements of PrivMX Services, the possibilities offered by Control Center, Team Servers or PrivMX App or the functional principles associated with a Client Account or a User Account.
- Any stored data, files and other information saved within a Team Server, entered by a Client or a User via PrivMX App, are encrypted. This means that the Service Provider, as well as the entities cooperating with it, cannot decrypt or read them. The ability to access information saved within specific Team Server is available only to a person who correctly authenticates within a specific Team Server, using the login and password assigned to him or her, subject to the provisions of § 6.
- The Service Provider is not in any way obliged to facilitate or enable Clients or Users to recover data stored within a Team Server in the event of loss of access to a Team Server caused by the loss of login or password.
- For security reasons, the Desktop Application should be downloaded by a Client or a User with the Service Provider’s official website www.privmx.com. In the case of a Mobile Application, it should be downloaded only from the places where it was uploaded directly by the Service Provider. The Service Provider notices that downloading PrivMX App from other sources may result in errors, bugs or problems within PrivMX App or lead to downloading a virus or other malware.
- The Service Provider informs that a Client and Users should use the latest version of PrivMX App. Updating PrivMX App may require User’s or Client’s consent to install such an update or may require downloading a new version of PrivMX App from the Service Provider’s website.
- The Service Provider informs that the current technical support provided as part of the helpdesk concerns the latest (current) version of PrivMX App. The Service Provider recommends to update PrivMX App on an ongoing basis in order to maintain technical support, increased security and stability of PrivMX App. The Service Provider notices that not installing updates may result in an increased risk of errors, vulnerabilities in security or other bugs, resulting in malfunctioning of PrivMX App. The Service Provider is not liable for any damages resulting from the use of a different version than the current version of PrivMX App and does not provide technical support for Clients using other than the current version of PrivMX App.
§ 9 Payments
- Using PrivMX Services by Clients, except for the test access period, is connected with the obligation to pay remuneration to the Service Provider, according to specified tariff plans, offered by the Service Provider. That especially concerns using specific, created by a Client, Team Server or Team Servers.
- Remuneration for using PrivMX Services is charged in advance, before the start of the period of using these PrivMX Services to which remuneration is related to.
- The amount of remuneration may depend, in particular, on the choice of individual tariff plans by a Client, which may differ, especially due to the time of using PrivMX Services, the number of Team Servers created by a Client and the number of User accounts created in connection with a specific Team Server.
- The detailed information of possible tariff plans that may be chosen by a Client is presented on the Service Provider’s website, in the page with the services’ price list.
- The Service Provider reserves the right to change the remuneration amount for using PrivMX Services. This may not affect the amount of money that was already paid by a Client before the change, or amount of money indicated in the order confirmation issued by the Service Provider to a Client in accordance with the provisions of this paragraph, before the change.
- The payment for the use of PrivMX Services by a Client may be made by a Client with paying by a bank transfer to the Service Provider’s bank account, in accordance with the provisions concerning prices for providing services. In this case, the Service Provider issues an order confirmation to a Client, specifying the payment details for using PrivMX Services.
- During a payment process, a Client may be asked to provide additional data necessary to issue an invoice, especially if required information was not provided at the time of creating an account in the Control Center. An invoice is issued to a Client after receiving a payment by the Service Provider. The invoice is sent to a Client’s e-mail address and a Client agrees on that with accepting the Terms of Services.
- The Service Provider will inform a Client about expiration of services before the final date of expiration in connection with each of a Team Server and will provide a Client with all necessary information required to extend a tariff plan on the same conditions as chosen before, including information about remuneration and details concerning payment. In such a case, a Client should pay a remuneration for using PrivMX Services for another period, according to the provisions of this paragraph, if a Client wants to keep using a Team Server and retain ability to use PrivMX Services.
- The Service Provider states that a Client will be obliged to pay a remuneration for receiving services for another period of time, according to the provisions of § 9 point 2 and 3.
- If a Client will not pay a remuneration for another period, after the expiry of the period for which the service was purchased in accordance with the provisions of this paragraph, the Service Provided states that providing services connected with such a Team Server to a Client may be suspended without any additional notification. However, a Client retains the right to log into his account in the Control Center in order to pay for the next tariff plan. The Service Provider states that possibility of blocking concerns only these services that expired, according to a tariff plan, and which a Client did not extend with a new tariff plan.
- The Service Provider states that, if a Client will pay for a next tariff plan within the term of 14 days after blocking its account, the Service Provider will reactivate a Team Server automatically. In such a case, the Service Provider guarantees that it will not delete any data within the Team Server. Remuneration for a new tariff plan shall also include a fee for the term during which a specific team Server was blocked because of lack of payment.
- If a Client will not pay for another tariff plan, within the term of 14 days after expiration of previous tariff plan and after blocking a specific Team Server by the Service Provider, according to provisions mentioned above, the Service Provider reserves its right to delete such a Team Server, what includes deleting all Client’s data stored within such a Team Server. This also applies to Users and data stores within a Team Server for using of which a remuneration has not been paid. Therefore, each User should export its data within the term of 14 days after expiration of previous tariff plan.
- Reactivating the account after the expiry of the period for which the service was purchased happens after receiving the payment for provision of services for the next period, in accordance with the provisions above. A Client has the right to pay a remuneration for the next period of using services before the end of the previous period of providing services in order not to lose access to its services. If the Service Provider will receive remuneration for a new period before an expiry of a previous period of providing services, it will not block a Team Server and will extend the time of using such a Team Server by a Client, according to a chosen tariff plan.
- The Service Provider states that a moment of receiving payment on the Service Provider’s bank account is considered as a moment of payment.
- Basing on a separate, specified arrangements between Parties, a Client and the Service Provider may adopt other provisions concerning payments, including mutual providing services to each other, with no money involved.
§ 10 Helpdesk
- A Client has the right to report errors, bugs or problems concerning the functioning of PrivMX Services to the Service Provider.
- Reports mentioned in this paragraph may be sent via Control Center, directly via PrivMX App or via the contact form on the Service Provider’s website.
- The content of the report should include:
- a Client’s name and surname or a company name,
- name and surname of the reporting person,
- e-mail address of the reporting person,
- description of an error, bug or a problem encountered within PrivMX Services, including, if applicable, the indication of a Team Server to which the report relates.
- The Service Provider may request a Client or a User to update the report if the information provided by a Client or a User referred to in point 3 require any clarification.
- The Service Provider will try to take reasonable actions in order to repair an error or bug within PrivMX Services or to find a temporary solution to eliminate the effects of an error or bug, to enable the on-going use of PrivMX Services, in the shortest possible time. The Service Provider however does not guarantee, that each problem will be solved in the term indicated by a Client or a User, in particular because of the potential the complexity of possible demands and notices that eventual repair of errors or bugs may require additional time.
- Regardless of providing information about errors and bugs, pursuant to the provisions of point 1, a Client may also use the contact methods indicated in this paragraph to send to the Service Provider any questions related to the use of the service, asking for particular answers to the questions and ongoing support of PrivMX Services.
- In order to obtain helpdesk support in accordance with the provisions of this paragraph a Client should have an access to PrivMX Services within a paid tariff plan.
- If the process of repairing of an error, bug or any other problem within PrivMX Services is connected with encountering difficulties and cannot be made as part of the ongoing support of PrivMX Services, the Service Provider may repair the bug together with the next update of PrivMX App or a software of a Team Server.
- The helpdesk support does not include help connected with:
- errors caused by defects or improper performance of the hardware;
- errors caused by using PrivMX Services in incorrect way;
- Interference in PrivMX Services by unauthorized persons;
- incorrect performance of other computer software, such as the operating system or antivirus programme,
- errors caused by malicious software or viruses or unauthorized actions of third parties, in particular due to hacker attacks and other criminal activities.
§ 11 Liability of a Client and the Service Provider
- The term ‘Client’ within the meaning of this paragraph shall also mean a User.
- A Client is liable for their actions or omissions that do not comply with the provisions of these Terms of Service or generally applicable law. A Client may also be responsible for the content that is stored within a Team Server connected with a Client’s account.
- In connection with using the services provided electronically by the Service Provider, a Client is obliged in particular to:
- act in compliance with copyright and intellectual property rights, including those resulting from the registration of inventions, patents, trademarks, utility and industrial designs to which the Service Provider is entitled,
- refrain from using PrivMX Services to post or send illegal content via PrivMX Services, in particular those not compliant with these Terms of Service or those which violate generally applicable law or in order to conduct any other activities not compliant with the law,
- refrain from any actions that would violate the privacy or personal rights of other Clients or Users,
- refrain from any activities that may lead to a unauthorized interference with PrivMX Services, including those that could impede or disrupt the functioning of Team Servers or other services as well as activities that may lead to losing, changing, removing, damaging or hindering access to PrivMX Services by other Users,
- refrain from using PrivMX Services to send spam or other types of unwanted commercial information or to send messages using automatic algorithms or bots,
- refrain from using PrivMX Services to send, create or perform any operations with using malicious software, in particular such as ransomware, spyware, malware or other types of computer viruses.
- The Service Provider provides a Client with the possibility of using PrivMX Services, especially PrivMX App, via a Client’s mobile device or a personal computer. A Client is solely responsible for the use of appropriate measures (such as securing a device with password or PIN code) that will ensure the security of data saved and stored on his device and prevent unauthorized access. A Client should provide appropriate technical and organizational measures in order to achieve adequate level of security, especially in connection with the risks of losing the access password to the system, with PrivMX App installed on it.
- A Client should not make his or her device available to any third person in order to enable them to use PrivMX Services with his individual account.
- The Service Provider is liable to a Client only for the provision of electronic services specified in these Terms of Services. The Service Provider is not responsible for any content of the data stored in Team Servers by a Client, in particular, he is not responsible for any information and statements sent or received by a Client as part of messages sent or received via Team Servers.
- The Service Provider shall be liable only for actual damages caused by the Service Provider’s acts or omissions related to the use of PrivMX Services in connection with the Client’s activities. The Service Provider’s liability for any other damages, including lost profits is excluded.
- The total liability of the Service Provider for any damages caused to a Client in a given calendar year is limited to the amount of remuneration received from a Client in a given calendar year, in connection with the provision of Services.
- Without the prejudice to the provisions mentioned above, the Service Provider shall not be liable:
- for any activities or services covered by these Terms of Service, performed by any entity other than the Service Provider’s employees, associates and authorized subcontractors, what means that the Service Provider is not liable for any acts or omissions of a Client or any third parties involved in the using of PrivMX Services,
- for any failure to perform its obligations arising from these Terms of Service or any improper provision of the services, in the extent that it results from the occurrence of Force Majeure or from any non-performance or improper performance of obligations by a Client, or Client’s failure to cooperate with the Service Provider,
- for non-performance or improper performance of the Service Provider’s obligations to the extent that it results from technical or legal restrictions independent from the Service Provider, in particular in the area of providing remote maintenance services as well as the conditions and quality of communication with external services.
- The term of “Force Majeure”, shall be understood by Parties as an event that could not have been foreseen with due diligence required in commercial relations, which is not resulting from acts or omissions of the Party which could be considered as liable and which this Party could not counteract if it would be acting with due care and for which it is not liable in accordance with the general principles of civil law, in particular: general strike, armed conflict in a given country, blockade of ports or other commonly used entry or exit points, earthquakes, floods, epidemics and other events connected with the forces of nature.
- The Service Provider may, at his own risk, without the prior consent of a Client, use subcontractors in order to perform the duties arising from these Terms of Services. Cooperation with a subcontractor should be performed according to the procedures in force in the Service Provider’s enterprise and in accordance with the instructions provided to such a subcontractor. The Service Provider is liable for actions or omissions of a subcontractor to a Client as for his own actions, especially in the situation of non-performance or improper performance of the contract, including delays or failures of meeting deadlines specified in these Terms of Service.
- Provisions concerning exclusion or limitation of the Service Provider’s liability to a Consumer are not binding both of the parties to the extent to which the applicable law prevents such exclusions or limitations in an agreement with a Consumer by the Service Provider. In such a case, general rules of liability are applicable.
§ 12 Intellectual Property
- The Service Provider declares that all rights, including intellectual property rights to PrivMX App, software required to use Team Servers, Control Center or documentation concerning PrivMX Services, are owned by the Service Provider or used by the Service Provider according to a license terms between the Service Provider and a third-party. The Service Provider is entitled to conclude a binding agreement concerning using of PrivMX Services by a Client, and to perform the provisions of these Terms of Service, including using elements protected by an intellectual property rights by a Client. The Service Provider declares that the conclusion or implementation of the provisions of these Terms of Service, including the use of PrivMX Services by a Client, will not lead to a violation of any rights or goods of third parties (including entities associated with the Service Provider), especially in the area of intellectual property, or any contracts concluded by the Service Provider with third parties.
- The Service Provider states that in order to provide PrivMX Services, and especially to create PrivMX App or Team Servers, it uses various open source libaries, programms or frameworks. The Service Provider uses these elements according to the provisions of the their license terms and informs, if necessary, about using these kind of elements. The Servie Provider states that all licenses concerning using these elements enable the Service Provider to use them in order to provide PrivMX Services, according to these Terms of Services.
- All property rights connected to PrivMX Services and all rights related to it (including all adaptations and copies) remain the property of the Service Provider.
- The Service Provider grants a Client, and a Client receives a non-exclusive, world-wide license authorizing a Client to use PrivMX App, software required to use Team Servers, Control Center or documentation concerning PrivMX Services, in the following types of use:
- use in on-going business activities in a Client’s enterprise, statutory activities undertaken as a non-govermental organization or other activities undertaken by a Client, including personal or household activities,
- enable the Users to use PrivMX Services for whom a Client created accounts within Team Servers or Control Center,
- enter the data, create printouts, copy entered data, install PrivMX App on the Client’s or Users’ devices, including entering into device memory.
- A Client or a User are obliged to use PrivMX Services and all materials (e.g. documentation regarding PrivMX Services) and rights related to PrivMX Services (including all adaptations and copies) in accordance with these Terms of Service.
- A Client is entitled to use PrivMX Services and make it available to individual Users for whom a Client has set up an account within a specific Team Server. PrivMX Services may be used simultaneously by such a number of Users who have access rights in accordance with the tariff plan chosen by a Client or other detailed arrangements made between the Client and the Service Provider and in accordance with selected number of Team Servers. Simultaneous use means the number of Users who have individual accounts within a Team Server or Team Servers at a given time.
- If a Client wants to extend the tariff plan in order to create more Users account than indicated in point 7, a Client should contact the Service Provider or extend the tariff plan using the functionality within the Control Center.
- The license referred to in this paragraph is granted for the duration of the free trial access period referred to in § 3 of these Terms of Service or for the period of using a Team Server, in accordance with the tariff plan chosen by a Client or other detailed arrangements made between the Client and the Service Provider. After this period, the license expires, and in order to continue using functionality of a specific Team Server and to renew the license, it is necessary to purchase the service for the next period, in accordance with the provisions regarding tariff plans or other provisions made between Parties.
- The license fee for license referred to in this paragraph is paid as part of the remuneration referred to in § 9 of these Terms of Service.
§ 13 Personal data protection
- Pursuant to the provisions of Regulation (EU) 2016/679 of the European Parliament and of The Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: GDPR) the Service Provider – PrivMX BV with its registered office in Amsterdam, The Netherlands informs that it is the data controller of the personal data of Users and Clients using PrivMX Services, including in particular the data provided in the electronic form during the registration process of an individual account within Control Center or a Team Server.
§ 14 Processing personal data as a processor
- Due to the fact that a Client, being an entrepreneur or other legal entity is obliged to comply with provisions of Regulation (EU) 2016/679 of the European Parliament and of The Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: GDPR) concerning the Data Controller, may upload to a Team Server encrypted personal data, such as the personal data of its customers, suppliers, service providers, contractors, co-workers or employees, the Service Provider declares that it does not have any access to this data and that the Service Provider is not able to read this data.
- The Service Provider enables a Client to accept provisions of data processing agreement, which is a separate agreement, concerning detailed obligations connected with processing personal data by The Service Provider on a behalf of a Client. This data processing agreement may be accepted by a client via the Control Center.
§ 15 Confidentiality
- As long as a Client is a Party of a contract between him and the Service Provider, arising from these Terms of Service, and for a period of two years after its expiry, each Party is obliged to keep in secret all confidential information received from the other Party or obtained in connection with exercising provisions of these Terms of Service. By the term „Confidential Information” Parties shall mean all information provided for a Client during the performance of the contract regarding technological solutions used by the Service Provider as part of PrivMX Services (such as know-how, methods, processes, tools and documents necessary to perform obligations arising from these Terms of Service), as well as any written or oral information regarding the business activities of the Parties, their clients and associates, the organizational and commercial solutions used by the Parties, technical, technological, economic, financial or legal information. Confidential information does not include information that a Client is using the Service Provider’s services as well as general information on the appearance, functionality and capabilities of PrivMX App, Team Servers or other PrviMX Services.
- Notwithstanding the provisions referred to in point 1, the obligation to keep Confidential Information does not apply to a information:
- commonly known without violating the provisions of these Terms of Service,
- which must be disclosed to an competent authority on the basis of a legal provisions or decision of a competent authority,
- is approved for release by a written agreement of the second party to whom the information relates.
- Each Party is obliged to inform about the duties arising from this paragraph its employees, associates, subcontractors, service providers, advisers or other related entities. Each Party declares that the entities referred to above will be made aware that the information disclosed is Confidential Information and the disclosure of any part of this Information, subject to exceptions provided by law, may result in liability for damages of the party to the other party whose data is disclosed. The Parties are obliged to take all necessary steps to ensure the confidentiality of Confidential Information by persons that have access to such an information . A Party is responsible for all actions and omissions of the persons referred above as for its own.
§ 16 Security
- PrivMX Services use encryption mechanisms, based on the client-side encryption concept and zero-knowledge servers. Consequently, the Service Provider has no information about what data is being stored on the server by a Client or Users and does not use this data - except for the data provided during creation a Client or a User account, such as name, surname, e-mail address, etc.
- As part of PrivMX Services, the following methods of securing Client’s or User’s data are implemented:
- encryption and decryption the data on the PrivMX App side and, consequently, limiting access to the data stored on the server,
- control of data access rights based on cryptographic methods,
- a Team Server and PrivMX App server secure mutual communication independently, regardless of the security offered by the transport protocol,
- PrivMX Services have their own infrastructure for storing and verifying public keys, independent of certification authorities operated by third parties,
- creation of back-ups of encrypted data.
§ 17 Termination of the contract
- A Client has the right to terminate the contract for the provision of electronic services at any time, without giving a reason, by submitting a statement of withdrawal to the Service Provider. In this case, the Service Provider deletes a Client’s data within a Team Servers or Team Servers, Team Servers and a Client’s account within the Control Center. This also means that the Service Provider may delete all data stored on the Service Provider’s servers, which were assigned to a Client’s account, including data on Team Servers associated with a Client’s account as well as User Accounts created by a Client, as well as files, messages and tasks stored within these Team Servers.
- Nonwithstanding the above, a Client may also withdraw from the contract for the provision of electronic services by sending a termination letter via mail, to the address of the Service Provider mentioned in this Terms of Service. In such a case, the agreement is terminated after 30 days of receiving this letter by the Service Provider.
- If a Client had purchased a tariff plan, in accordance with the provisions of these Terms of Services, and submitted a statement of withdrawal from the contract, the amount of funds corresponding to the unused part of the tariff plan will not be refunded.
- In the event of a breach of these Terms of Service by a Client or a User, the Service Provider may terminate this contract concluded with a Client without prior notice. This also may lead to the deletion of all data stored on the Service Provider’s Team Servers, which were assigned to a Client Account and Users’ accounts created by a Client. In this case, the amount corresponding to the unused part of the tariff plan will not be refunded.
- The Service Provider reserves the right to terminate the provision of PrivMX Services with two months’ prior notice. In this case, the Service Provider returns the unused part of the remuneration to a Client in accordance with the tariff plan purchased by a Client.
§ 18 Complaints handling procedure
- A Client has the right to file a complaint regarding the services provided electronically by the Service Provider.
- Complaints may be submitted:
- by an e-mail, by sending a message to the Service Provider’s address: firstname.lastname@example.org,
- by a letter sent to the address of the Service Provider: Beethovenstraat 170, 1077JX Amsterdam, the Netherlands
- A complaint should include:
- name and surname and an e-mail address of a Client,
- description of a complaint,
- any potential Client’s request.
- Before reviewing a submitted complaint, the Service Provider may ask a Client to provide additional information, if the information provided by a Client, referred to in point 3, require clarification in order to properly review a complaint.
- The Service Provider provides a reply to a Client within 14 days from the date of receiving a complaint.
- A reply to a complaint will be given to a Client via electironic means of communication, to the e-mail address provided by a Client.
§ 19 Final Provisions
- The law applicable to this agreement, concluded between a Client or a User and the Service Provider is the law of The Kingdom of Netherlands. Any disputes related to the services provided by the Service Provider under these Regulations will be settled by the competent common courts competent for the Service Provider’s seat.
- A Client has the right to lodge a complaint regarding the services provided by the Service Provider using PrivMX Services. Complaints can be sent by an e-mail to the following address: email@example.com. The complaint should include:
- Client’s first and last name / name of Client’s company,
- description of the issue,
- potential requests of a Client.
- The Service Provider may ask a Client for additional information before dealing with a complaint. A response to a complaint will be given within 14 days of receipt of such a complaint. A response to the complaint will be sent to the email address provided by a Client within the Control Center.
- The Service Provider is entitled to amend the provisions of these Terms of Service. The amendment to these Regulations becomes effective on the date indicated by the Service Provider, however the date of entry into force of the amendment may not be less than 14 days from the moment of informing Clients or Users by means of electronic communication, in particular via electronic mail and by using PrivMX App.
- In case of any disputes arising between a Client and the Service Provider, a Consumer may file a motion resolve a dispute via European Online Dispute Resolution Platform, available at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. If a Consumer wishes to use mentioned platform, he or she should provide the following e-mail address of the Service Provider: firstname.lastname@example.org.
- These Regulations shall apply from 15th of September 2020.
Consumer’s right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of accepting provisions of Terms of Service and creating an account enabling a Consumer to use PrivMX Services.
To exercise the right of withdrawal, you must inform us about your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Model withdrawal form
I hereby inform about my withdrawal from the Agreement for the provision of electronic services by the PrivMX B.V., concering using PrivMX Services.
The date of a conclusion of a contract (accepting provisions of Terms of Services) ……………………………………….
First name and last name………………………………………………………….
E-mail address ……………………………………………………………