Terms of PrivMX Services
Effective: 30rd of September 2023
§ 1 Definitions
The definitions used in this Terms of Service should be understood as:
- Service Provider (or Company) – Simplito sp. z o.o. with its registered office in Toruń, Republic of Poland, address: Grudziądzka 1-3, 87-100 Toruń, entered into the Registry of Entrepreneurs of National Court Registry by the District Court in Toruń, VIIth Commercial Division of National Court Registry under the KRS No.: 0000305883, NIP: 9562217643, REGON: 340400555, share capital: PLN 190.491,00,
- Terms of Service – regulations indicated within this document,
- Client – a natural person, a legal person or an organizational unit without a legal personality, having legal capacity, who/which has accepted provisions of the Terms of Service,
- Party – the Service Provider or a Client,
- User – a person who uses PrivMX Services, in particular has an account within PrivMX Services or is allowed to use PrivMX Services by the Client,
- PrivMX Services/Services - online services provided by the Company to Clients and their Users by electronic means, enabling them to use various functionalities connected with project management, file storage, team cooperation and communication with other persons, according to the provisions of the Terms of Service,
- PrivMX Client Software - a desktop or mobile software, created by the Service Provider, licensed according to a separate license provisions, that may be used by a User to use PrivMX Services,
- 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 Infrastructure – 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,
- Tariff Plan - a set of terms regarding provisions of PrivMX Services, which include in particular price, duration or functionalities available to a Client,
- 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 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 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.
- A contact with the Service Provider is possible via the following e-mail address: email@example.com. Nevertheless, a Client, an User or any third party may also use other means of communication with the Service Provider, indicated within the Service Provider's website.
- PrivMX Services allow Clients to perform a number of activities connected with communication within a team or third-persons, file storage and with an organization of work within the team, including in particular:
- exchanging information and files between Users,
- contacting other Users via chat function,
- organizing videoconferences,
- using tools for project management,
- creating and working on tasks created within the PrivMX Services.
- A detailed number of activities that are connected with using PrivMX Services may vary depending on which service or Tariff Plan was chosen by a Client, what kind of software or device a Client uses or what detailed arrangements were made between the Service Provider and a Client.
- Using PrivMX Services is possible via:
- Desktop app - the version of the PrivMX Client Software installed on a User's device - a computer with Windows, Mac OS or Linux operating system,
- Service Provider’s Website – a number of PrivMX Services may be accessible via a Client's web browser via a dedicated website,
- Mobile app - the version of the PrivMX Client Software installed on mobile phones with Android or iOS operating system.
- The Service Provider reserves the right to verify whether personal data provided by a Client who is an entrepreneur, are valid, in particular by verifying data provided by them within the Control Center with the data presented in publicly available business registers, such as the Central Business Activities Registry or the Court Registries, functioning within Client’s country of origin.
- Due to the fact that a Client has the right to create User's accounts for its 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 their Users' actions performed in connection with using PrivMX Services.
- If a Client or User uses PrivMX Services by using Apple's device, such as IPhone, IPad or Mac computer, or downloads the PrivMX Client Software via Apple App Store, a Client or a User 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. Impersonating anyone or creating fake identification data is forbidden.
- 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.
- The acceptance of the Terms of Service takes place at the moment of:
- creating a Client's account or an User's account, in accordance with the provisions of the Terms of Service,
- checking the checkbox with a statement of acceptance of the Terms of Service, or
- starting of use of free services or trial services provided by the Service Provider
- The provisions of these Terms of Service does not apply to the situation where a Client uses PrivMX software (including PrivMX Client Software) solely within its own infrastructure, without purchasing any Tariff Plan. In this case, a separate license provisions regarding using PrivMX software shall apply.
§ 3 Creating an account
- Using specific functionalities of PrivMX Services, especially connected with receiving invoices for business entities, may require entering following data:
- a name and surname of an entrepreneur if he or she is a natural person or a company name of an entrepreneur or another 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 Client’s data mentioned in point 1 or 2,
- manage PrivMX Services that are used by a Client,
- create, name, configure or delete specific PrivMX Services that will be used by the Client,
- obtain information about payments, view and download invoices connected with services used by a Client,
- extend the duration of using PrivMX Services.
- Activation of PrivMX Services requires creating a Client's account, in accordance with the provisions of this paragraph and may also require paying a remuneration for access to a specific type of service, in accordance with the provisions of § 8 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. Reqirement to pay a remuneration for PrivMX Services does not apply when a Client uses free trial access.
- 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 start to use PrivMX Services and allow the use for Users, whose accounts may be created by a Client. A Client may also create additional accounts with administrative privileges.
- 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 firstname.lastname@example.org, or via post, sending a statement to an address: Grudziądzka 1-3, 87-100 Toruń, Republic of Poland. 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 case of any change of Client's personal, identification of business data, aforementioned above, a Client shall update their account to reflect those changes.
§ 4 Technical requirements
- To use services provided by the Service Provider, it is necessary for a Client or a User to have:
- if the PrivMX Client Software 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 the PrivMX Client Software is being used in a web browser - a device with a web browser installed, such as Google Chrome, Microsoft Edge, Mozilla Firefox, Opera, in a version no later than one year, with updates installed and cookies enabled,
- if the PrivMX Client Software is being used on the User's computer with a desktop application:
- a computer with Windows OS version 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,
- in order to use some of the PrivMX Services, especially these connected with taking part in a videomeetings, a camera and a microphone may also be required.
- 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.
- Using the functionality of PrivMX Services is possible via a Client's or User's device such as a computer, tablet or phone. The Services Provider indicates that the use of PrivMX Services provided electronically may be associated with online security threats, such as the activity of Internet criminals, attempts to extort data or means of payment, viruses and other malicious software. Therefore, the Service Provider recommends that the Client and each User use security measures adequate to the threats, such as:
- blocking access to a device using a password or PIN,
- having an updated operating system,
- verifying whether a Client or an User provides his or her personal data on the correct website, in particular by checking the correctness of the URL and checking whether the connection to a given website is encrypted,
- not to provide your password to access the account within PrivMX Services to anyone.
- 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 or her individual account.
§ 5 Creating additional Users’ Accounts
- In connection with using certain PrivMX Services, the Client may create User's Account and enable specific Users to use PrivMX Services managed by the Client.
- As part of their profiles, Users may publish their personal data. The Client is obliged to provide Users with an information about processing of their personal data, if it is required by applicable law binding the Client.
- The Service Provider indicates that in certain cases, the User's password cannot be reseted by the Client or the Service Provider themselves, 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.
- In connection with some PrivMX Services, a Client may create accounts for external Users or invite external Users to use certain PrivMX Services. In this case, it may be necessary to provide such a User’s e-mail address, which will be used to log in to the given service as a login or to identify such a User. A detailed scope of external Users' priviledges and functionalities tied to their accounts is described within technical documentation of PrivMX Services.
- The Client may grant or withdraw Users’ rights within PrivMX Services and delete accounts of individual Users. The Service Provider does not provide services regarding adding or deleting Users' accounts.
- If the specific PrivMX Service allows to do so, Users may activate additional functionalities in connection with their Users' accounts, such as two-factor authentication or automatic notifications about new activities within a PrivMX Services, sent to their e-mail address. To use these functionalities, a User may be required to provide additional information, such as a phone number or an e-mail address.
§ 6 Providing services by the Service Provider
- The contract for the provision of electronic services is concluded for an indefinite period of time, 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 a remuneration in accordance with the provisions of these Terms of Service. The remuneration referred to in this paragraph may cover using PrivMX Services for a specified period of time, within a specified number of services or a limited number of Users.
- The Service Provider provides services via 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 works, about which the Service Provider will inform Clients with at least three days' prior notice. Information about planned service works will be sent to Clients via email or provided directly within the Control Center. Regardless of the foregoing, 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 a requirement to shut down PrivMX Services for a long time. The Service Provider will make every effort to ensure that periodic technical breaks are as little inconvenient for Clients as possible. The Service Provider schedules them for night hours, if possible.
- The PrivMX Services may be subject to usage limits specified in Tariff Plans. If a Client exceeds or wishes to exceed such a usage limit, they shall be obliged to purchase a Tariff Plan of a higher level, with additional capabilities, sufficient to satisfy a Client's needs.
§ 7 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 § 6, which allows the use of the functionalities of PrivMX Services, specifically chosen by the Client, i.a. these 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 understakes reasonable 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 the PrivMX Services, including the functional principles associated with a Client's account or a User's account. The ongoing information regarding the scope of PrivMX Services that may be used by Clients is described within the Service Provider's website.
- Any stored data, files and other information saved within the PrixMX Infrastructure, entered by a Client or a User, 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 the PrivMX Infrastructure is available only to a person who correctly authenticates, 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 PrivMX Infrastructure in the event of loss of access caused by the loss of login or password.
- For security reasons, PrivMX Client Software required to use PrivMX Services should be downloaded by the Client or a User either from the Service Provider's official website www.privmx.com. or from places where it was uploaded directly by the Service Provider (e.g. Apple App Store or Google Play Store). The Service Provider notices that downloading the PrivMX Client Software from other sources may result in errors, bugs or problems within the PrivMX Client Software or lead to downloading a virus or other malware.
- The Service Provider informs that a Client and Users should use the latest version of the PrivMX Client Software published by the Service Provider. Updating the PrivMX Client Software may require User’s or Client’s consent to install such an update or may require downloading a new version of the PrivMX Client Software from the Service Provider's website.
- The Service Provider informs that the technical support provided as part of a helpdesk relates to the latest (current) version of the PrivMX Client Software. The Service Provider recommends to update the PrivMX Client Software on an ongoing basis in order to maintain technical support, increased security and stability of the PrivMX Client Software. 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 the PrivMX Client Software. The Service Provider is not liable for any damages resulting from the use of a different version than the current version of the PrivMX Client Software and does not provide technical support for Clients using other than the current version of the PrivMX Client Software.
§ 8 Fees
- Using PrivMX Services by the Client may be connected with the obligation to pay remuneration to the Service Provider, according to specified Tariff Plans, offered by the Service Provider. Detailed information regarding Tariff Plans, including monthly or yearly prices and scope of PrivMX Services provided within a Tariff Plan, are described on the Service Provider's website. The amount of remuneration may depend, in particular, on the duration of using PrivMX Services or the number of User accounts created in connection with a specific service.
- 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 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 by a money bank transfer to the Service Provider's bank account, in accordance with the provisions concerning prices for providing services. The Service Provider reserves the right to use external service providers in this regard, especially in order to enable using of various payment methods. 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.
- If a Client pays a remuneration for PrivMX Services with using a credit card, they shall provide an accurate credit card's data, required to perform the transaction. A Client shall use only a credit card that they are entitled to use. If payment is performed by a representative or proxy, they hereby state that they are allowed to perform such payment and use credit card data required for performance of the transaction.
- The Service Provider will inform a Client about expiration of services before the final date of expiration in connection with used PrivMX Services 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 remuneration for using PrivMX Services for another period, according to the provisions of this paragraph, if a Client wants to keep the ability to use PrivMX Services.
- Remuneration for provision services for subsequent periods of time shall be paid by a Client in accordance with the provisions above.
- Depending on the legal requirements applicable in a specific countries, the final amount of remuneration for provision of services may include applicable taxes. The economic costs of all taxes shall be borne by a Client in accordance with the applicable regulations. The Service Provider acts with the utmost care to inform a Client about all taxes owed to the applicable authorities, in accordance with the binding regulations regarding this issue. However, if any doubts regarding payment of taxes arise, a Client shall inform the Service Provider about them without any delay. In such a case, both Parties shall jointly cooperate in good faith in order to settle all due taxes.
- In case of any delay of payment or lack of payment by a Client for the ordered PrivMX Services, the Service Provider is allowed to suspend provision of all services for a Client. The provision of services is restored upon the payment of all outstanding charges owed to the Service Provider. Notwithstading the above, the Service Provider may request payment of statutory interests for a delay of payment in trade relations, in accordance with the applicable law.
- 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 provision of services connected with applicable Tariff Plan may be suspended without any additional notification.
- If a Client does not pay for another Tariff Plan, within the term of 14 days after expiration of previous Tariff Plan and after blocking a specific PrivMX Services by the Service Provider, according to provisions mentioned above, the Service Provider reserves its right to delete Client's data stored within PrivMX Infrastructure, which are connected with the expired PrivMX Services, unless a specific free PrivMX Service allows a Client to continue using of the PrivMX Infrastructure in a scope allowing storage of aforementioned data. The deletion shall take place no earlier than after 14 days since expiry of the Tariff Plan. This also applies to Users' accounts and data stored within the PrivMX Infrastructure for using of which a remuneration has not been paid.
- Reactivating the account after the expiry of the period for which PrivMX Services were purchased takes place 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 PrivMX Services before the end of the previous period of providing services in order not to lose access to its services.
- 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 provsion of services to each other, with no money involved.
§ 9 Free Services
- Notwithstanding the provisions above, the Service Provider has the right to provide certain services for free or to grant free trial access to PrivMX Services to a Client, in accordance with the conditions established by the Service Provider. Free services or free trial access may be granted with own initiative of the Service Provider, including for a selected entities that may be potential Clients or Users of PrivMX Services. The Service Provider is also entitled to grant free services or a free trial access through his website or in any other way, chosen by them. Time of a free trial access 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.
- After the end of the free trial access period or after termination of provision of free services referred to in point 1, 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. After the end of the free trial access, a Client has the right to continue using PrivMX Services after purchasing the service in accordance to the provisions of this Terms of Service. 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: email@example.com.
- If a free trial access expires or free provision of services is terminated and a Client chooses not to purchase a service according to the provisions of this Terms of Service, the Service Provider has the right to delete the Client's account and Users' accounts related with the previously used services without any delay.
- If a Client uses any kind of PrivMX Services within a free trial period or as a free service, the Service Provider explicitly states that the provision of such services may be at any time terminated or ceased by the Service Provider. The Service Provider may especially alter or modify the scope of free services, shorten the time of free trial period or change a model of provision of a specific service so that it is available only within a paid Tariff Plan. The liability of the Service Provider for such actions is expliciltly excluded. The Service Provider is not in any way obliged to prolong free trial period granted for a Client due to any circumstances.
§ 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 the Control Center or in other way, which is clearly marked by the Service Provider as a helpdesk.
- The content of a 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.
- The Service Provider may request a Client or a User to update a report if 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 a 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 the PrivMX Client Software or an internal software responsible for functioning of the PrivMX Infrastructure.
- 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 the PrivMX Infrastructure by the Client or an User.
- 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. This especially concerns the prohibition of using PrivMX Client Software in a way which is not compliant with applicable license agreements, available within these applications,
- 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. In any case the PrivMX Services should not be used for communication connected with any criminal or illegal activity,
- refrain from any actions that would violate a 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 the PrivMX Infrastructure 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 create any solution, method, software code or tool which is aimed at undermining, circumventing, breaching or alterating security measures used within PrivMX Services, including these related to User's authentication or data encryption,
- 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.
- In case of violation of any of the provisions of § 11 point 3 of the Terms and Conditions by a Client or a User for whom a Client bears responsibility, the Service Provider is entitled to immediately block, temporarly or permanently, the provision of PrivMX Services, without any prior warning or notice. In this case, the Service Provider may also terminate the contract with a Client in accordance with § 15 point 4 of the Terms of Service.
- The Service Provider is not responsible for any content of the data stored in PrivMX Infrastructure by a Client, in particular, it is not responsible for any information and statements sent or received by a Client as part of messages sent or received via PrivMX Services.
- In case that a Client or any User posts, submits, stores or uploads any information, data or copyright protected files within PrivMX Services, a Client (or a User responsible for such an upload) shall have the right to use such item and store it within the PrivMX Services. Any storage of information, data or copyright protected files to which a Client (or a User responsible for such an upload) does not have appropriate rights is forbidden. The rights to use such content are not in any way transferred to the Service Provider, so that Client or an User remains the ownership of rights to use aforementioned content.
- 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 connection with the provision of Services in a given calendar year.
- Without the prejudice to the provisions mentioned above, the Service Provider shall not be liable:
- for any kind of service which is not an element of a Tariff Plan chosen by a Client,
- 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, Users 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 services, to 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 any failure to perform its obligations arising from these Terms of Service or any improper provision of services caused by circumstances beyond the Service Provider's reasonable control, including, for example an act of government, strike or other labor problem (other than one involving the Service Provider's employees), Internet service provider's failure or denial of service attack,
- 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 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 its 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 towards a Consumer are not binding for both of the Parties to the extent to which the applicable law prevents such exclusions or limitations in agreements between a Consumer and the Service Provider. In such a case, general principles of liability shall be applied.
- In case of a breach of any of the provisions of the Terms of Service by a Client, a Client is obliged to indemnify the Service Provider and its agents, managers, members, and employees from any all damages, losses, costs, including court and legal fees, expenses and liabilities claimed, suffered or incurred by the Service Provider as a consequence of any breach of this Terms of Service by a Client including its Users or representatives.
§ 12 Intellectual Property
- The Service Provider declares that all rights, including intellectual property rights to software required to provide services according to these Terms of Service, 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, 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 a software used in order to provide PrivMX Services and all rights related to it 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 software required to use PrivMX Services in accordance with a chosen Tariff Plan, especially PrivMX Infrastructure, Control Center, software which may be run via web browser or documentation concerning PrivMX Services, according to the provisions of these Terms of Service, in the following fields 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,
- enter the data within PrivMX Services, create printouts, copy entered data.
- 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 specific PrivMX Services. 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. Simultaneous use means the number of Users who have individual accounts within PrivMX Services at a given time.
- If a Client wants to extend the Tariff Plan in order to create more Users' account than indicated in point 6, a Client should contact the Service Provider or extend the Tariff Plan using the functionalities available within the PrivMX Infrastructure.
- The license referred to in this paragraph is granted for the duration of provision of PrivMX Services, 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 PrivMX Services and to renew the license, it is necessary to obtain the Tariff Plan for the next period, in accordance with the provisions regarding Tariff Plan or other provisions made between Parties.
- The license fee for granting a license referred to in this paragraph is paid as part of the remuneration referred to in § 8 of these Terms of Service.
- The license granted according to this paragraph does not include license concerning using the desktop or mobile version of PrivMX Client Software or other PrivMX software. The desktop or mobile version of PrivMX Client Software and other PrivMX software may be used basing on a separate license provisions, which are available at our website and within these software. A desktop or mobile version of the PrivMX Client Software may also be used in connection with services provided according to these Terms and Conditions.
- A Client is not entitled to provide the access to PrivMX Services to any third parties, other than a Client themselves or their Users or to enable any third parties to use PrivMX Services or PrivMX Infrastructure, especially acting as an agent, sublicensor, intermediary or separate a service provider without any prior consent of the Service Provider.
- If a Client, a User or any third party reasonably considers any of the materials published on any of the Service Provider's websites, social media fanpages or within any other public place used by the Service Provider, as infringing its copyrights or any other intellectual property rights, it shall without any delay inform the Service Provider about such an infringmenet, by using contact details indicated in the § 2 of the 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 – Simplito sp. z o.o. with its registered office in Toruń, Poland 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 Client's account.
§ 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 GDPR concerning Data Controllers, may upload encrypted personal data to the PrivMX Infrastructure, 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. Acceptance of provisions of the Terms of Service by a Client is tantamount to acceptance of the data processing agreement published on the Service Provider's website.
§ 15 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 of data on the PrivMX Client Software side and, consequently, limiting access to the data stored on the server,
- control of data access rights based on cryptographic methods,
- the PrivMX Infrastructure and the PrivMX Client Software 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,
- encryption of videoconferences.
- Due to the encrypted nature of data stored within the PrivMX Infrastructure, the Service Provider is not able to access it at any time. Therefore, in case of cessation of using of PrivMX Services, including as a result of not extending the duration of services provided within a paid Tariff Plan, expiration of the term of provision of specific PrivMX Services, termination of provision of PrivMX Services, including these provided for free or within a free trial, a Client or their Users are solely responsible for the export of any data stored within the PrivMX Infrastructure. This shall be done before the termination of provision of a specific PrivMX Service due to any reason stated above, as after such a termination, neither a Client, Users or the Service Provider may not be able to access stored data.
§ 16 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 deleting their account within PrivMX Services. In this case, the Service Provider deletes a Client’s data within the PrivMX Infrastructure and Client’s accounts connected with PrivMX Services. 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 as well as Users' accounts, created by a Client, together with files, messages, and tasks stored within the PrivMX Infrastructure.
- 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 this case, the contract for the provision of electronic services is effectively terminated upon the expiry of the duration of provision of services in accordance with the paid Tariff Plan. This applies also if a Client deletes their account within PrivMX Services, as stated in point 1.
- 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 PrivMX Infrastructure, including 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 termination of the contract shall not prohibit the Service Provider from taking further legal actions, including pursuing an additional compensation, if it is applicable.
- 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.
§ 17 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: Grudziądzka 1-3, 87-100 Toruń, Republic of Poland
- 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.
§ 18 Final Provisions
- The law applicable to this agreement, concluded between a Client or a User and the Service Provider is the law of The Republic of Poland. 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.
- The Service Provider is entitled to amend the provisions of the 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 be no shorter than 14 days from the moment of informing Clients or Users by means of electronic communication, in particular via electronic mail or directly by using PrivMX Services. Continuation of using PrivMX Services after the effective change of the Terms of Service is tantamount to the acceptance of new version of the Terms of Service.
- Any communications exchanged between the Service Provider and a Client regarding provision of PrivMX Services, including matters related to the Terms of Service or filing complaints shall be performed in an electronic form, using contact measures indicated in the Terms of Service. This also applies to implementing additional arrangements between the Service Provider and a Client. However, it shall not prohibit a fClient from the possibility to contact the Service Provider by other means of communication, including letters or registered parcels, if it is specifically allowed by provisions of the Terms of Service or other document binding the Service Provider.
- In case of any disputes arising between a Client and the Service Provider, Client being 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: email@example.com.
- These Regulations shall apply from 30th of September 2023.