Terms of PrivMX Services
Effective: 15th of March 2024
§ 1 Introduction
These Terms of Service set forth the principles of using PrivMX Services, that is, online services that we (as a Service Provider) provide to you as our Client. In these Terms of Service, we indicate what are the rights and obligations of the Parties, that is, you and us, which are in turn related to the use of PrivMX Services. The Terms of Service constitute a binding agreement between the Service Provider and the Client, which means that both we and you are obligated to abide by its provisions.
§ 2 Definitions
The definitions used in this Terms of Service should be understood as:
- Service Provider (or “us”, or “we”) – 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 – this document,
- Client (or “you”) – 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 and uses the PrivMX Services,
- Party – the Service Provider (us) or a Client (you),
- User – each person who uses PrivMX Services, in particular has an account within PrivMX Services. The definition of “User” covers in particular persons for whom you (as a Client) have created an account within PrivMX Services,
- PrivMX Services - online services provided to you by us, as well as to your Users, by electronic means, enabling use of 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 us, which we license under separate licensing provisions. You can use this software to access PrivMX Services,
- Control Center – a website which allows you (as a Client) and Users you selected to manage PrivMX Services which we provide on your behalf,
- PrivMX Infrastructure – a set of technological solutions which we use in order to ensure proper functioning of PrivMX Services. This covers, among other things, dedicated part of our servers (or servers or cloud services provided by our service providers) within which you can store or synchronize your data,
- Tariff Plan – set of rules describing details on how we provide PrivMX Services on your behalf, which includes in particular price, disk space, number of Users, duration of a given service or functionality made available to you,
- Consumer – a natural person, which uses PrivMX Services in connection with their personal or household activities, not in connection with business or entrepreneurial activities.
§ 3 General Arrangements
- You can use PrivMX Services after,
- you have created Client’s account,
- you have accepted the provision of the Terms of Service.
- Accepting the Terms of Service can happen in one of two ways:
- creation of Client’s or User’s account, in accordance with the Terms of Service,
- you started using PrivMX Services, including free services or trial services provided by the Service Provider.
- If you have any questions, complaints or would like to discuss other matters connected with PrivMX Services or these Terms of Service’s contents, you can message us by sending an e-mail to: contact@privmx.com. Nevertheless, we can provide information on other means of communication between us, our Clients, Users, and third parties on our website.
- PrivMX Services allow Clients to perform a number of activities connected with communication within a team or communication with third-persons, file storage and organizing work within a given team, and 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 scope of possible activities when using PrivMX Services may vary, depending on:
- the Tariff Plan you choose,
- the type of software or device you use,
- detailed arrangements made between us and you. Additional information regarding scope of PrivMX services and the possibilities they give you are available on our website.
- 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 – some of PrivMX Services may be accessible via dedicated website, accessible via Internet browser,
- Mobile app - the version of the PrivMX Client Software installed on mobile phones with Android or iOS operating system.
- We reserve the right to verify whether personal data provided by you (acting as a Client), are valid, in particular by verifying data provided within the Control Center with the data presented in publicly available business registers, functioning within your country of origin.
- This document uses the terms “Client” and “User”. Some of the rights set forth in these Terms of Service apply only to Clients, that is, a person or entity who makes the decision to use PrivMX Services – e.g., a company which decides to implement PrivMX Services into their enterprise. On the other hand, the User is a person who is an employee or contractor of the Client, using PrivMX Services on behalf of an organization of which they are a part. Some provisions of these Terms of Service which relate to technical requirements, liability, prohibited activities, rights of the Clients and Users, copyright, or principles of creating accounts within PrivMX Services, are also applicable to Users.
- Due to the fact that you, as a Client, can create User's accounts for you employees, associates, or other persons with whom you communicate, you are obliged to acquaint these Users with provisions of these Terms of Service, including in particular licensing terms, liability and User's rights and obligations. As a Client, you are responsible for Users' actions performed in connection with Control Center and PrivMX Infrastructure, as for your own.
- If you or your User uses PrivMX Services via Apple's devices, such as iPhone, iPad or Mac computer, or you download the PrivMX Client Software via Apple App Store, you both (jointly and separately) declare that you are not located in a country that is subject to an U.S. Government embargo, or you are not located within a country listed within “Country Group E”, as per Title 15, Part 740 Supplement 1 of the U.S. Code of Federal Regulations; you also declare that you are not on any list distributed by Government of U.S.A. which covers entities with whom trade is prohibited or limited.
- An agreement with us can only be concluded by a legal person with full legal capacity, an organizational unit without legal personality which has full legal capacity, or a natural person who is of legal age and has full legal capacity, and whose rights are not (in any shape or form) limited, as per applicable regulations. By accepting these Terms of Service, you declare that you are such an entity or a person, or that you act on their behalf. Impersonating any person or entity by providing false identification data is strictly prohibited.
- If you are a person acting on behalf of the Client, who is a legal person, you declare that you are fully authorized to act on behalf of that Client and you have the right to conclude the agreement between the Client and the Service Provider.
- The provisions of these Terms of Service do not apply to the situation where a Client uses PrivMX software (including PrivMX Client Software) solely within their own infrastructure, without purchasing any Tariff Plan. In this case, a separate license provisions regarding using PrivMX software shall apply.
§ 4 Creating an account
- In order to use most of PrivMX Services, you have to create an account within PrivMX Services. Creating a Client’s account requires accepting provisions of these Terms of Service, Privacy Policy, and providing us with your valid e-mail address.
- Using specific functionalities of PrivMX Services may require entering additional data, such as:
- your name and surname, if you are an entrepreneur being a natural person, and where you act on behalf of an entrepreneur who are not a natural person – the name of such an entrepreneur (name of the organization),
- name and surname of a contact person - especially if the Client is not a natural person,
- tax identification number,
- business address.
- Providing data mentioned above and accepting these Terms of Service leads to a creation of a Client's account.
- 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.
- Managing some PrivMX Services can be done directly within a given PrivMX Service. Still, in case of more complex PrivMX Services, managing them is possible via dedicated Control Center Service, which you can log in to after creating Client’s account.
- You can use Control Center in order to:
- change your data described in points 1 and 2,
- manage PrivMX Services used by you,
- create, configure, or remove specific PrivMX Services which you use or want to use,
- receive information on payments, view and download invoices which are related PrivMX Services used by you,
- extend the duration of given PrivMX Services.
- Sometimes, we can create your Client’s account for you, after your explicit consent in this regard. This can happen especially in a scenario where, during an individual meeting, our representatives want to showcase you the possibilities granted by PrivMX Services. In such a case, we ask you to accept the rules for using PrivMX Services by using a dedicated activation link.
- Starting to use some PrivMX Services may require payment of additional remuneration, as per chosen Tariff Plan. Detailed information on payments for PrivMX Services is described in §9 of these Terms of Service. In such a case, access to PrivMX Services and possibility to use PrivMX Services is activated after the payment is credited to our bank account.
- When you create a Client’s account, we ask you to create a password. In order to ensure high security level of such a password, we suggest that the password you created has at least 8 letters, and contains uppercase and lowercase letters, as well as at least one number.
- After creating a Client's account, you may start to use PrivMX Services. Moreover, you can enable Users for whom you create an account to use these services. Remember, that you can grant certain Users additional admin privileges, which would enable them to configure PrivMX Services and create subsequent User accounts.
- We assume that data provided by you is up-to-date and is true. If any identification or registry data which relate to you (as a Client) are changed, you are obliged to update them within PrivMX Services.
§ 5 Technical requirements
- If you wish to use PrivMX Services as your Client or User, the device you use must meet the following minimal requirements:
- if the PrivMX Client Software is being used on a mobile device, you need 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 via a web browser - a device with a web browser installed, such as Google Chrome, Microsoft Edge, Mozilla Firefox, Opera, in a version no older than one year, with updates installed and cookies enabled,
- if the PrivMX Client Software is being used on a personal computer, you need a computer that meets one of the following requirements:
- 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 each of the cases indicated above you also need Internet access – without it, the PrivMX Services will not work. Moreover, in order to use some PrivMX Services, especially those connected with video meetings, you might need a camera and a microphone.
- Meeting the abovementioned technical requirements is necessary in order to ensure that we can correctly provide PrivMX Services. Do remember, that we are not liable in any form for improper or undesired functioning of PrivMX Services, where you (acting as a Client or User) do not posses appropriate hardware or software which meets the criteria set forth above. Scenario described here is not considered a justification for terminating the agreement for provision of electronic services.
- Using the functionality of PrivMX Services is possible via your device such as a computer, tablet, or phone. We ask you to remember that use of Internet may be associated with online security threats. Not all Internet users have good intentions. Some may try to use your trust or a situation where you are not paying attention to commit a crime or harm others. As such, we inform you about online security threats, such as activity of online criminals, attempts to extort data, or payment methods, as well as viruses, and other malware. At the same time, we recommend that you (regardless of if you are a Client or a User of PrivMX Services), to undertake the following actions meant to ensure higher level of IT security:
- blocking access to a device using a password or PIN,
- having an updated operating system,
- verifying whether your provided your personal data, logins, and passwords on a correct website, in particular by verifying the correctness of an URL address, and checking whether connection with a website is encrypted,
- not providing your password to access the account within PrivMX Services to anyone.
- We also strongly advise against sharing your device with third parties, as to enable them to use PrivMX Services within your personal account.
§ 6 Creating additional Users’ Accounts
- As a Client you can create accounts for your Users within the PrivMX Services. This in turn enables the Users to use PrivMX Services chosen by you.
- One User account can be used by one person only. You cannot create shared accounts which would be used by more than one person.
- Within PrivMX Services, Users can share various information, including their personal data. This covers, among other places, the information visible within a profile of a given User. In this case, you (as a Client) are a Data Controller who is obliged to inform these Users about processing of their personal data. As such, you should provide the Users with appropriate information on processing of their personal data, assuming you are obliged to follow provisions of GDPR or other data protection regulations applicable in your country of residence.
- Within some PrivMX Services, you (as a Client) can grant admin rights to some Users. These enable the Users to add other Users, edit their accounts, modify Client’s data, configure PrivMX Services, or make purchases of Tariff Plans. By granting admin rights to a given User, you hereby authorize them and grant them rights to undertake all actions prescribed for admins within PrivMX Services, including possibly incurring obligations on your behalf.
- As a Client, you can reset your Users’ passwords. This privilege is also granted to other Users who have admin rights. We would like to indicate that such functionality might not be always available – passwords of some Users cannot be reset by the Client or on our own, which might mean that loss of password of such a User may lead to inability to retrieve data stored within that User’s account.
- In case of some PrivMX Services, creation of a User’s account may require providing this User’s email address. This address shall be used to log into a PrivMX Service or to identify such a User.
- Detailed scope of privileges and functionalities connected with Users’ accounts is described in PrivMX Services technical documentation.
- As a Client, you can or revoke privileges for Users for whom accounts have been created within PrivMX Services used by you, and you might also delete accounts of given Users. Due to closed and encrypted nature of IT ecosystem around which PrivMX Services revolve, we as a Service Provider cannot add or remove accounts of specific Users.
- If a given PrivMX Service enables such an option, the Users may activate additional functionalities connected with their accounts, such as two-step authorization or automatic notifications about new activity within PrivMX Services, which shall be sent to their e-mail accounts. Using these functionalities may require that the User provides additional information, such as phone number or e-mail address.
- Entering some information about Users within PrivMX Services, in particular creating a nickname, adding name and surname, or an avatar, may be visible to other Users who use PrivMX Services within your organization.
§ 7 Services provided by the Service Provider
- We start provision of PrivMX Services on your behalf beginning from the moment of creation of User’s account and acceptance of these Terms of Service. The agreement between us and you is binding for as long as your Client’s account exists within PrivMX Services.
- Just the creation of Client’s account is free of charge. On the other hand, using some PrivMX Services is possible only after payment of remuneration, as specified by provisions of these Terms of Service.
- Detailed information on which PrivMX Services are paid, and what is their price, is available on our website. Please pay attention to the fact that specific Tariff Plans purchase of which enables usage of paid PrivMX Services can vary, e.g., by given scope of functionalities, maximum number of Users, disk space, or duration of a given service. Purchase of specific Tariff Plan enables you to use PrivMX Services in accordance with its terms and limitations.
- We enable you to use PrivMX Services in continuous manner, 7 days a week, 24 hours a day. Occasionally, however, we may need to shut down PrivMX Services for a period of time so that we can perform software updates, fix bugs, or perform maintenance work. As a rule of thumb, we will inform you of such interruptions at least three days in advance. Information in this regard will be forwarded to the email address you have provided within the PrivMX Services, or displayed directly within the Control Center or other place where you manage the PrivMX Services
- Regardless of the above, we indicate that in certain situations we may perform repairs, resulting in temporary interruption of PrivMX Services, on an ongoing basis without prior notice to Clients. This occurs when we need to eliminate:
- errors or defects which makes proper use of PrivMX Services impossible,
- errors or defects for removal of which we would need to shut down PrivMX Services for an extended period of time. We make every effort possible as to ensure that periodical technical interruptions cause the Clients as little inconveniences as possible.
§ 8 Rights of Clients and Users
- Any data, files and other information saved within the PrivMX Infrastructure, which you save (acting as a Client or as a User) are encrypted. This means that we cannot decrypt or read them. The ability to access information saved within the PrivMX Infrastructure is available only to a person (Clients and Users) who log into the PrivMX Infrastructure by using their logins and passwords.
- As a Client you retain all rights to data, files, and conversations which you enter into PrivMX Infrastructure. Together with entering these materials into the PrivMX Infrastructure, you grant us a license for their storage, including in encrypted form, and their possible transferring (in scope necessary to provide PrivMX Services). This license is granted free of charge and is granted in order to enable us to provide PrivMX Services. This license is granted to the duration of provision of services and is a worldwide license.
- We are not in any way obliged to facilitate or enable Clients 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, when you act as a Client or a User, you should download PrivMX Client Software only:
- from our official website, that is, www.privmx.com,
- from other places, where the software was directly provided by us (e.g., Apple App Store or Google Play Store). We would like to mention that downloading PrivMX Client Software from other sources can result in errors, defects, and malfunctions of the PrivMX Client Software. It might also result in infecting the computer with a virus or other malware.
- We suggest that you use the latest version of the PrivMX Client Software. Updating the PrivMX Client Software may require your consent to install such an update or may require downloading a new version of the PrivMX Client Software from our website.
- As part of specific PrivMX Services you can be given access to technical support in form of helpdesk. Such technical support relates to the latest (current) version of the PrivMX Client Software. As such, we recommend updating the PrivMX Client Software on an ongoing basis in order to maintain technical support, increased security, and stability of the PrivMX Client Software. At the same time, we must remind you 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. We are not liable for any damages resulting from the use of a different version than the up-to-date version of the PrivMX Client Software and do not provide technical support for Clients using versions other than the up-to-date version of the PrivMX Client Software.
- We continuously try to develop PrivMX Services and improve PrivMX Client Software created by us, as to meet expectations of our Clients and Users to the fullest extent possible. As such, we would like to inform that the detailed scope of functionalities offered by PrivMX Services may change. We do our best to ensure that development of PrivMX Services does not significantly affect the usage of most important functionalities of the PrivMX Services. However, we reserve the right to make changes concerning functioning of PrivMX Services, for example, in areas like interface, UX (user-experience), methods in which given elements of PrivMX Services function, including basic functioning of Client’s or User’s accounts. Up-to-date information on scope of PrivMX Services which Clients can use, are described on our website.
- Standard scope of PrivMX Services does not cover provision of services by us in regard to individual trainings carried out on your or your team’s behalf, which are connected with functioning of PrivMX services. This kind of services can be provided on basis of separate arrangements of the Parties.
§ 9 Fees
- Using PrivMX Services may be connected with the obligation to pay remuneration to us, according to specified Tariff Plans chosen by you. Detailed information regarding Tariff Plans, including monthly or yearly prices and scope of PrivMX Services provided within a Tariff Plan, are described on our website.
- 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.
- Due to possible changes in market conditions, we reserve the right to change the cost of using PrivMX Services. This kind of change shall not affect the remuneration for PrivMX Services you already purchased – only those which you might purchase in the future.
- We offer one of the following payments methods for purchasing access to PrivMX Services:
- bank transfer to our bank account, details of which we will give after you place an order,
- via payment service, provided by a third-party service provider, which allows for payments with use of various payment methods, such as credit card – in this case, payment is made directly when placing the order.
- In case of some PrivMX Services we might enable automatic subscription renewal in regard to Tariff Plan chosen by you. In such a case, before the end of term of PrivMX Services under applicable Tariff Plan, we will automatically attempt to charge the remuneration amount from your credit card. If such attempt is successful, the term of Tariff Plan you chose shall be extended for the next settlement period. Automatic subscription renewal is enabled only with your prior consent. Please, remember that granting such consent enables us to charge money from the credit card details of which you have given us, until such consent is revoked. If our attempt to charge the remuneration amount is unsuccessful, you are obliged to pay the remuneration yourself, if you wish to extend the term of Tariff Plan chosen by you.
- During a payment process, you may be asked to provide additional data necessary to issue an invoice, especially if required information was not provided at the time of creating a Client’s account.
- An invoice is issued to you without undue delay, after we receive the payment. The invoice is sent to your e-mail address provided within PrivMX Services – by accepting these Terms of Service, you agree for such a solution.
- If you pay the remuneration for PrivMX Services by credit card, you must provide accurate credit card's credentials, necessary to perform the transaction. Remember that you can only use a credit card usage of which you are entitled to. If you make the payment as a representative or proxy, then you declare that you are allowed to perform such payment and use credit card credentials required for performance of the transaction.
- Depending on the legal requirements applicable in a specific country, the final amount of remuneration for provision of services may include applicable taxes. The economic costs of all taxes shall be borne you, acting as a Client, in accordance with the applicable regulations. We act with the utmost care to inform you about taxes owed to the applicable authorities, in accordance with the binding regulations regarding this issue. However, if any doubts regarding payment of taxes arise, inform us about it. In such a case, we shall jointly cooperate in good faith in order to settle all due taxes.
- In the event of your late payment or non-payment for the PrivMX Services you have ordered, we have the right to stop the provision of PrivMX Services for which you have not paid. Restoration of the services shall take place upon payment of all outstanding fees owed to us. Regardless of the above, in the event of late payment, we may demand payment of statutory interest for late payment in commercial transactions in accordance with applicable law.
- If a Client will not pay 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 Provider states that provision of services connected with applicable Tariff Plan may be suspended without any additional notification.
- If you do not pay for the renewal of your Tariff Plan for the next period, your data and information that you have stored in PrivMX Infrastructure is still stored within it. If, within 14 days of the expiration of the previous Tariff Plan, you purchase another Tariff Plan, we will reactivate your service and restore access to your data. Likewise, you will have access to your data stored under the PrivMX Service if the PrivMX Service in question is covered as a free service.
- In case you do not subscribe to the next Tariff Plan within the 14-day period mentioned above, or you do not have the ability to use a particular PrivMX Service for free, we have the right to delete the data stored within the PrivMX Infrastructure that is associated with the expired PrivMX Services after the indicated period. This also applies to User accounts and data stored in PrivMX Infrastructure for use of which no payment has been made. This process is irreversible.
- Reactivation of the account after the expiration of the period for which the PrivMX Services were purchased shall be made upon receipt of the remuneration for the services in the next period, in accordance with the above provisions. The Client has the right to pay the remuneration for the next period of PrivMX Services before the end of the previous service period, so as not to lose access to the service.
- The moment of payment of the remuneration on our behalf shall be considered the moment of crediting our bank account.
- We indicate that, based on separate agreements made between us and you, we may establish other rules regarding the remuneration for the provision of PrivMX Services, including those involving mutual provision of services, which are non-monetary settlements.
§ 10 Free Services
- Some PrivMX Services are available free of charge. This especially applies to PrivMX Services which are provided to Clients as part of free or trial access. Moreover, some of the PrivMX Services are shared for free, for purposes of promoting technologies we offer.
- It is up to us to decide whether a particular PrivMX Service will be provided free of charge. This includes whether or not we allow for free or trial access. We carry out activities in this regard on our own volition. We have the right to determine the specific conditions for the provision of PrivMX Services under free access, in particular the duration of such service or the additional restrictions that are associated with it. We will inform you about these conditions at the time you start using the free PrivMX Service.
- Upon end of the free trial access period or end of provision of free services referred to above, we may block account of a Client who used such services, as well as associated User accounts. In such case, you have the right to continue using PrivMX Services after purchasing an appropriate service, in accordance with the provisions of these Terms of Service
- If, despite the termination of free services, you choose not to purchase a service in accordance with the provisions of these Terms of Service within 14 days of such termination, we have the right to delete your Client’s account and related User accounts associated with previously used free PrivMX Services.
- Please remember that the ability to provide PrivMX Services without payment is our right, not an obligation. This means that we may discontinue any of the free services at any time, as well as change or modify the scope of the free services, reduce the duration of the free trial period, or change the model of a particular service so that it is only available under a paid Tariff Plan. As a Service Provider, we are in no way obligated to extend the free trial period granted to the Clients, due to any circumstances.
§ 11 Helpdesk
- As a Client, you have the right to report errors, bugs or malfunctions concerning the functioning of PrivMX Services to us, in accordance with principles described below. Such reports can also be made by your Users.
- Reports mentioned in this paragraph may be sent via the Control Center or in other way, which is clearly marked by us as a helpdesk – for example in appropriate tab visible after logging into PrivMX Services.
- The content of a report describing an error, bug, or malfunction should include:
- a Client's name and surname or Client’s company name,
- name and surname of the person preparing the report (person acting on behalf of the Client or User),
- e-mail address of the reporting person,
- description of an error, bug or a problem encountered within PrivMX Services.
- If the information provided as part of your report is insufficient for verification, we may ask you to supplement your report and provide us with additional data
- We will do our best to repair an error or defect in the PrivMX Services so that you can continue to use the PrivMX Services as soon as possible. However, we cannot guarantee that every problem will be resolved within the timeframe indicated by the Client or User, in particular, due to the complexity of potential problems. In such a case, the possible repair of errors or defects may require additional time. Sometimes, instead of making a repair, we may allow you to use a temporary substitute solution so as to eliminate the negative effects of an error or defect occurring within PrivMX Services.
- Some Tariff Plans may indicate that helpdesk requests will be recognized on a priority basis - if the Client has purchased such a Tariff Plan, their requests are reviewed first.
- As a Client or User, you may also use the contact methods indicated in this paragraph to ask us any questions related to the PrivMX Services and use support in regard to PrivMX Services.
- In order to use the helpdesk as provided in this paragraph, you must have access to PrivMX Services under your paid Tariff Plan. We do not guarantee that we will be able to make repairs or respond to requests to customers who use free access to PrivMX Services.
- If the process of fixing a bug, error or any other malfunction related to PrivMX Services encounters difficulties and cannot be accomplished within the scope of PrivMX Services' ongoing support, we may fix the error with the next update of PrivMX Client Software or the next update of internal software responsible for the operation of 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 program and errors caused by malicious software or viruses or unauthorized actions of third parties, in particular due to hacker attacks and other criminal activities.
§ 12 Prohibited activities
- Due to the encrypted nature of the PrivMX Services, we don’t have the ability to access what you post within the PrivMX Infrastructure and have limited influence over exactly how you use our services. Nevertheless, even in this case, you should follow certain rules related to your use of PrivMX Services. The rules apply to both Clients and Users and are as follows:
- You may not use the PrivMX Services to post, store, or send content that violates criminal regulations. This means, for example, that you may not use the PrivMX Services to organize trafficking of drugs or other prohibited substances, commit fraud, launder money, finance terrorism, possess or distribute child pornography, participate in human trafficking, participate in organized crime groups,
- you may not use PrivMX Services to violate the personal rights of others, slander or insult them - for example, you may not insult them, violate their good name, or take actions that are intended to defame that person in the eyes of others. This also applies to companies and NGOs. You also can't distribute photos, images of people in a way that may humiliate them - for example, you can't distribute nude photos of people who have not given their consent. This includes situations where such an image is produced or generated and does not depict a real person, but substantially resembles one,
- you may not use the PrivMX Services in a manner that infringes copyright or other intellectual property rights - for example, you may not use them to distribute audio, visual, graphic works without the permission of the creator or any owner of such rights. In addition, you may not store or distribute on the PrivMX Services software for which you do not have the copyright or appropriate license,
- you may not use PrivMX Services to create or distribute material that constitutes hate speech, in particular, inciting hatred against specific individuals or groups based on their origin, nationality, color, sexual orientation, religion, political or social views,
- you may not use PrivMX Services to send spam or other types of unsolicited marketing information or to send messages using automated algorithms and bots,
- you may not use PrivMX Services to send, create or perform operations with malware, in particular ransomware, spyware or other types of computer viruses,
- you may not use PrivMX Services to violate other laws.
- In addition, your use (as a Client or User) of the PrivMX Services must be carried out in accordance with the license provisions of the PrivMX Client Software and PrivMX Services. This includes, in particular, the prohibition of using the PrivMX Client Software in a manner inconsistent with the applicable license agreements available under these applications. When using the PrivMX Services, you must comply with copyright and other intellectual property laws, including those arising from the registration of inventions, patents, trademarks, industrial designs, utility models, etc. Remember that the copyright to PrivMX Services and PrivMX Client Software belongs to us - you, by receiving the opportunity to use our services, do not become their owner.
- In a situation where we obtain information that you are carrying out the activities described in passage 1 or 2 of this paragraph as part of the PrivMX Services, without additional warnings or requests to act in accordance with the Terms of Service, we may: a. remove data from the PrivMX Infrastructure that you have posted as a User or Client, b. block your access to PrivMX Services for a certain period of time, from 1 month to 2 years, or even forever - both when you are a User and a Client, c. delete your Client account, functioning as part of the PrivMX Services.
- We do not conduct any activities that involve monitoring or verifying what you do on the PrivMX Services. We may receive information about such activities, if any, from: a. authorized law enforcement agencies, such as the police, a court, or a prosecutor's office, b. other individuals, c. from publicly available sources, d. directly from you.
- Since we have no way of verifying what you post on PrivMX Services, due to their encrypted nature, we rely solely on externally received information in assessing whether the information on violation of passage 1 of this paragraph is legitimate.
- We evaluate each information on violation of passage 1 of this paragraph on an individual basis. This is handled by our employees, who very carefully verify the information we have collected and assess how we should respond. We take this kind of information seriously and recognize it immediately, in accordance with the procedures that are described in this document. However, we do not use any automated algorithms or bots to assist us in making a decision or to make it for us.
- In verifying whether a given action violates the provisions of passage 1 of this paragraph, we take into account:
- existence of possible grounds to believe that an unlawful activity occurred,
- the provisions of laws and the Terms of Service that have been potentially violated,
- whether undertaken activities, having certain degree of probability, are against applicable laws or Terms of Service provisions,
- what measures referred to in passage 3 will be appropriate, taking into account the nature of the violation.
- At the same time, we would like to indicate that if we receive requests from law enforcement agencies such as the police, prosecutor's office, or the court, we are obliged to comply with their requests, regardless of whether, in our opinion, there is a violation of the law or not. In such a case, we will take the requested action, provided that it complies with the regulations that govern the operation of the law enforcement agency in question and is technically feasible.
- Once we have made a decision to delete your data, account, or block access, we will inform you:
- exactly what decision we made and what measure we took (i.e., deleting content/account or blocking access to your account),
- what facts and circumstances we took into account in making the decision and where we got them from,
- what legal grounds we relied on in making our decision - including, in particular, an indication of the laws or regulations that were violated, along with an indication of why we believe the actions in question were in violation of those laws or regulations,
- how you can appeal our decision.
- We will inform you of our decision electronically by sending a message to the e-mail address you provided as part of PrivMX Services.
- You have the right to appeal our decision within 30 days from the date you receive information about our decision. In your appeal, you may indicate your arguments and cite evidence that supports them. After receiving your appeal, we will reconsider your case and inform you of our decision. We consider appeals promptly, within a few days of their receipt.
- If we have determined that there are no grounds to take any action due to a violation of the law or regulations (that is, we will not delete the data/accounts or block access to them), we do not need to inform our Client. We only provide such information to the person who notified us about the violation.
- Notwithstanding the above, please be advised that if we obtain knowledge that a crime may have been committed or is being committed or may be committed in connection with the use of PrivMX Services, especially resulting in a threat to the life or safety of persons, we are obliged to inform law enforcement authorities. This does not exclude the possibility of carrying out the procedure referred to above.
§ 13 Reporting prohibited activities
- Any person (not just a Client or User) may report to us that our PrivMX Services are being used by any Client or User in a manner that violates § 12 passage 1 – that is, notify us that the Client or User is not complying with the restrictions of our Terms of Service and is performing activities within the PrivMX Services that are prohibited.
- The notification referred to above may be made by:
- Email, sent to: contact@privmx.com,
- Contact form, available at: https://privmx.com/contact.
- The notification must include the following information:
*what Client / User is in violation of the Terms of Service, or in what area of the PrivMX Services (e.g., a specific element of the PrivMX Infrastructure or a specific part of the Service) the violation occurred,
- why the notifier considers the activity to be a violation,
- an indication of the circumstances that make it probable that the violation occurred, in particular, the evidence that proves the existence of the facts indicated in the notification,
- name, surname, and e-mail address of the notifier,
- a statement by the person confirming that he or she is convinced that the information and allegations contained in the notification are correct and complete.
- Immediately upon receipt of the notification, we confirm its receipt by sending a message to the e-mail address of the notifier.
- We process notifications without delay, within a few days of receipt. However, we would like to indicate that sometimes we need additional information to verify the legitimacy of the notification - in this case, we may extend the deadline for processing the notification to around two weeks.
- If the information contained in the notification is incomplete or insufficient for us to make a reliable decision, we may ask the notifier to send additional information or supplement the notification.
- We consider the notifications objectively and non-arbitrarily, with due diligence.
- After we consider the notification, we make a decision under which we may decide that: a. the report is not valid, or the validity of the report cannot be confirmed, in which case we take no further action to remove the account or content or block access to it, b. the notification is legitimate, in which case we will take a decision to remove the account or content or block access to it, pursuant to the provisions of § 12 passage 3 of the Terms of Service.
- In a situation where the person who made the notification does not agree with our decision, they have the right to appeal it within 30 days. In the appeal, the applicant may indicate their arguments and cite evidence that supports them. Upon receipt of the appeal, we will reconsider the notification and inform the notifier of our decision. We consider appeals promptly, within a few days of receipt
§ 14 Liability of the Client and the Service Provider
- The term 'Client' within the meaning of this paragraph shall also apply to 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. You may also be responsible for the content that is stored within the PrivMX Infrastructure by you or your User.
- Except to the extent that we have been informed that the content in question, stored on the PrivMX Services, violates the law or the provisions of these Terms of Service in accordance with paragraph 13, and after analysis we have determined that we will not remove or block the content, we are not responsible for the content posted by Clients or Users on the PrivMX Services.
- If you, as a Client or User, post, upload or store any copyrighted information, data, or files on the PrivMX Services, you must have the right to use such an item and store it on the PrivMX Services
- Since the PrivMX Services are standardized in nature and depend on the proper operation of elements beyond our complete control, our liability to Clients is limited as follows:
- We are only liable for actual damages caused by our acts or omissions, if any, in connection with the provision of PrivMX Services to the Client. Our liability for any other damages, including lost profits, is excluded.
- The Service Provider's total liability for any damages caused to the Client in a calendar year is limited to the value of the remuneration received from the Client in connection with the provision of the Services in such calendar year.
- Notwithstanding the provisions below, as Service Provider we are not responsible for:
- any service that is not part of the Tariff Plan selected by the Client,
- any activities or services described under the Terms of Service that are performed by entities other than our employees, associates, and authorized subcontractors, which means that we are not responsible for any act or omission of the Client, or any third party related to the use of PrivMX Services,
- any improper performance of obligations, as described in the Terms of Service, or any improper provision of PrivMX Services, where this is due to Force Majeure or for damages caused by the Client's improper performance of obligations,
- for non-performance of obligations under these Terms of Service or improper provision of Services due to circumstances beyond our control, including, for example, acts of authority, strike, or other labor problem (other than related to the Service Provider's employees), failure on the part of the ISP or DDOS attack,
- for non-performance or improper performance of our obligations, to the extent that this is due to technical or legal limitations beyond our control, in particular in the provision of remote technical support services, as well as the conditions and quality of communication with external service providers.
- By "Force Majeure" we mean an event that could not have been foreseen with the exercise of due diligence required in commercial relations, which does not result from our acts or omissions none and which we are unable to counteract even if we had acted with due diligence. In particular, we are not liable for the consequences of the following events: general strike, armed conflict in a country, blockade of ports or other commonly used points of entry or exit, earthquakes, floods, epidemics, and other natural force events.
- We reserve the right, at our own risk, to use subcontractors to perform our obligations under these Terms of Service. We work with such subcontractors in accordance with our company's procedures and in accordance with the instructions communicated to such subcontractor. As a Service Provider, we shall be responsible for the subcontractor's acts and omissions to the Client as if they were our own, especially if there would be a failure to perform or improper performance of an obligation, including delays or failure to meet the deadlines indicated in these Terms of Service.
- The provisions on exclusion or limitation of our liability do not apply to you if you are a Consumer, to the extent that the law excludes such limitations. In such a situation, we apply the general provisions of the law to matters of our liability.
- If you violate any provision of these Terms of Service, you shall indemnify and hold harmless the Service Provider and its agents, managers, members and employees from any damages, losses, costs, including court and legal fees, expenses and asserted liabilities, incurred, or paid by Service Provider as a result of any violation of these Terms of Service, including its Users or agents.
§ 15 Intellectual Property
- All rights, including intellectual property rights in the software necessary to provide the services indicated in the Terms of Service (including PrivMX Client Software) are our property or solutions that we use in accordance with the terms of the licenses binding us and the third party that owns such solution
- As a Service Provider, we are entitled to enter into a binding agreement covering your use of the PrivMX Services and to enforce the provisions of the Terms of Service, including with respect to your use of elements protected by intellectual property laws. The conclusion or performance of the provisions indicated in the Terms of Service, including your use of the PrivMX Services, will not lead to the infringement of any rights or property of third parties (including our affiliates), especially with respect to intellectual property or any other agreements concluded by us with third parties.
- In order to provide PrivMX Services, we use various open source libraries, programs, and frameworks. The Service Provider uses these elements in accordance with the license terms and informs, if required, about the use of these elements. The Service Provider declares that all licenses pertaining to these elements allow the Service Provider to use them in order to provide PrivMX Services in accordance with the Terms of Service.
- All proprietary rights associated with the software used to provide PrivMX Services and all rights related thereto shall remain our property.
- With your acceptance of the Terms of Service, we grant you a non-exclusive, worldwide license that allows you to use the software necessary to use the PrivMX Services, in particular the PrivMX Infrastructure, the Control Center, the software running within your web browser or the PrivMX Services documentation, in accordance with the Terms of Service in the following fields of exploitation:
- use of the Services to carry out day-to-day business activities in your enterprise, statutory activities undertaken within the framework of a non-governmental organization, or other activities undertaken by you, in connection with home and personal activities,
- enabling Users to use PrivMX Services for whom you have created accounts,
- transferring data within the PrivMX Services, creating printouts and copies of transferred data.
- You are obligated to use the PrivMX Services and all materials (e.g. PrivMX Services documentation) and rights associated with the PrivMX Services (including all adaptations and copies) in accordance with the Terms of Service.
- You are authorized to use and share the PrivMX Services with individual Users for whom you have created an account under the specified PrivMX Services. Please note that the PrivMX Services may be used simultaneously by such number of Users who have access rights in accordance with the Tariff Plan you have selected, or other specific arrangements made between us and you. Simultaneous use means the number of Users who have individual PrivMX Services accounts at any given time.
- If you wish to change your Tariff Plan so as to create more User accounts than those specified above, you should contact us or change your Tariff Plan using the features available within the PrivMX Infrastructure.
- The license referred to in this paragraph is granted for the duration of the PrivMX Services, in accordance with the Tariff Plan you have selected, or other specific arrangements made between you and us (e.g. free access). After this period, the license will expire, and in order to continue to use the PrivMX Services and to renew the license, you will need to purchase the applicable Tariff Plan or obtain another right to use the PrivMX Services.
- The license fee indicated in this paragraph is an element of the remuneration indicated in § 9 of the Terms of Service.
- The license granted under this paragraph does not include a license to use the desktop or mobile version of PrivMX Client Software or other PrivMX software. You may use the desktop or mobile version of PrivMX Client Software and other PrivMX software under separate license provisions, which are available on our website and within these programs.
- Please note that you are not authorized to provide PrivMX Services to any third party, other than the Client itself or its Users, or to enable any third party to use PrivMX Services or PrivMX Infrastructure, including but not limited to acting as an agent, sublicensor, intermediary, host, or separate service provider, without the prior consent of the Service Provider.
§ 16 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) as the Service Provider, Simplito sp. z o.o. with its registered office in Toruń, Poland we inform you that we are data controller of your personal data, where you are a person using PrivMX Services, including in particular the data provided in the electronic form during the registration process of an individual Client's account.
- We process Clients’ and Users’ personal data according to detailed provisions, regulated in the Service Provider’s Privacy Policy, available on PrivMX’s website. The Service Provider indicates that they have implemented and maintain appropriate technical and organizational safeguards relating to the protection of personal data.
§ 17 Processing personal data as a processor
- Due to the fact that as a Client you are an entrepreneur or other legal entity, you are obliged to comply with provisions of GDPR concerning Data Controllers. Within our PrivMX Infrastructure you may store encrypted personal data, such as: personal data of your customers, suppliers, service providers, contractors, associates, or employees.
- In order to ensure compliance with provisions of GDPR, you conclude a data processing agreement with us, which shall relate to detailed obligations connected with processing of personal data by us (processor) on your behalf (data controller). Acceptance of the provisions of these Terms of Service is tantamount to acceptance of the data processing agreement published on our website
§ 18 Security
- PrivMX Services use encryption mechanisms, based on the client-side encryption concept and zero-knowledge servers. Consequently, we have no information about what data is being stored on the server by a you or your Users and do 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 your 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, we are not able to access it at any time. Therefore, in case when you stop using PrivMX Services, including not extending your 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, you may lose access to your data. We would like to indicate that in such a case you should export all data stored within the PrivMX Infrastructure on your own. 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 you, your users, nor us may be able to access stored data.
§ 19 Termination of the contract
- As a Client you have 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, we delete your data within the PrivMX Infrastructure and User’s accounts connected with PrivMX Services. This also means that we may delete all data stored within PrivMX Infrastructure which relate to you or your Users, including files, messages, and tasks. As such, we ask you to export all your data stored within PrivMX Services before you delete your account.
- Notwithstanding the foregoing, you may also terminate the contract for the provision of electronic services by:
- sending by mail a letter with a statement of termination to our address, indicated in the Terms of Service,
- sending an electronic message to the address: contact@privmx.com. In this case, the contract is terminated 30 days after the Service Provider receives the message.
- If you have purchased a Tariff Plan in accordance with the provisions of the Terms of Service and have made a declaration of termination, the part of the remuneration corresponding to the unused part of the Tariff Plan will not be refunded. In such a case, the contract for the provision of services by electronic means shall be effectively terminated upon the expiration of the time for the provision of services in accordance with the paid Tariff Plan. This also applies if you have deleted your PrivMX Services account, as stated in passage 1.
- If you violate the Terms of Service, as determined in accordance with the provisions of paragraph 12 of the Terms of Service, and we decide to delete and block your account, we may terminate the agreement binding us and you without notice. We may also do so if you are in arrears in the payment of any amounts due to us.
- The termination of the agreement referred to in passage 4 will result in the deletion of all data stored within PrivMX Infrastructure, including the User accounts that you have created. In this case, the amount of money corresponding to the unused portion of the Tariff Plan will not be refunded. Termination of the contract does not prevent us from taking further legal action, including seeking additional compensation, if it is deemed justified.
- We reserve the right to terminate the PrivMX Services Agreement with two months' notice. We may do so in particular in the event of a material change in the subject matter of our business or the discontinuation of the PrivMX Services. In such a case, we will refund to you the unused portion of the remuneration, according to the Tariff Plan, purchased by you
§ 20 Complaints
- If you are not satisfied with the way in which we provide PrivMX Services, you are entitled to file a complaint.
- Complaints may be submitted:
- by an e-mail, by sending our e-mail address: contact@privmx.com,
- by a letter sent to our postal address: Grudziądzka 1-3, 87-100 Toruń, Republic of Poland
- A complaint should include:
- your name, surname, and an e-mail address
- description of a complaint,
- your requests.
- Before considering the complaint sent to us, we may ask you to send us additional information if the information you have given us so far needs to be clarified in order to properly consider the complaint.
- We will respond to your sent complaint within 14 days from the day we receive it.
- a response to the complaint will be sent to you electronically, to your e-mail address.
§ 21 Rights of Consumers
- If you are a Consumer or an entrepreneur with consumer rights, you may withdraw from the PrivMX Services contract within 14 days after registering your account and accepting the Terms of Service. The statement of withdrawal can be sent by you to the e-mail address contact@privmx.com or by post, to: 1-3 Grudziądzka Street, 87-100 Toruń, Poland. As a Consumer, you may also delete your account directly through the Control Center, which is equivalent to withdrawal from the PrivMX Services agreement. Withdrawal from the contract by the Consumer shall lead to a refund of any payments made by the Consumer before the expiration of the aforementioned 14-day period.
- In addition, if you are a Consumer, you have the right to report the non-conformity of the digital service provided to you with the Agreement. In particular, you have the right to do so if you believe that: a. PrivMX services do not conform to their description, do not correspond to the advertising messages created by us, b. PrivMX Services are provided with insufficient quality or in incorrect quantity or do not have the functionality they should have, c. PrivMX Services are not interoperable with other software or services with which they should be interoperable, d. PrivMX Services do not provide updates or technical support, e. PrivMX Services are not fit for the purpose for which they were created, taking into account applicable standards and good practices, f. PrivMX Services are not available to the extent required by market standards, g. PrivMX Services do not provide security at an adequate level given the nature of the service in question.
- If you consider that the PrivMX Services are not in compliance with the agreement, you may request that we correct the provision of the services, as to ensure compliance with the agreement.
- If we fail to comply with your request referred to in passage 3, you have the right to submit a declaration of withdrawal from the agreement or reduction of the price.
- In the event of a dispute between you and the Service Provider, where you are a Consumer, you may submit a request for dispute resolution through the European Online Dispute Resolution Platform, available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage. If the Consumer decides to use the above platform, he/she should provide the following email address of the Service Provider: contact@privmx.com
§ 22 Final Provisions
- The agreement between us and you shall be governed by the laws of the Republic of Poland. Any disputes related to the provision of PrivMX Services by us shall be resolved by the common courts having jurisdiction over the registered office of our company. The contract between us and you shall be subject to the jurisdiction of the Polish courts. This provision does not limit your rights regarding choice of court and applicable law if you are a Consumer.
- Any disputes between us and you shall be resolved amicably through mutual negotiations and consultations. All negotiations and discussions in this regard will be treated as confidential. If the Parties fail to reach an agreement, either Party shall have the right to assert its rights in court, in accordance with the contents of these Terms of Service and the law. This provision does not constitute an arbitration clause.
- You shall not have the right to transfer or assign any rights or obligations granted to you under these Terms of Service and obtained by you in connection with our provision of the PrivMX Services, without first obtaining our consent in writing or documentary form. This shall also apply to the transfer of such rights or obligations within our group or to other companies affiliated with us in person or in equity.
- We shall be entitled to amend the provisions of these Terms of Service due to such matters as:
- changes in laws that force changes in the way we provide services,
- changes to our business model, including, in particular, the development of our services, the addition of new features or the creation of new IT solutions - we stipulate that this may also include the discontinuation of old services,
- the need to make changes to further secure the interests of our company, especially with regard to liability or payment issues,
- changes in the organizational structure of our company or a change in the entity providing services (e.g., by another company in our capital group),
- changes in the licensing terms of our software.
- A change in the Terms of Service shall come into force on the date we indicate in the contents of the message informing you about the change. The effective date of such change shall not be shorter than 14 days from the moment of informing you about the change. We will provide you with information about the change in the Terms of Service by means of electronic communication, in particular by email, sent to the email address you have provided within PrivMX Services or directly via PrivMX Services. Your continued use of the PrivMX Services after the date of the change in the Terms of Service shall constitute your acceptance of the new version of the Terms of Service. If you do not agree to the change in the Terms of Service, please notify us before the effective date of the change. In such case, we will be forced to discontinue provision PrivMX Services to you and refund you a portion of the fees you paid corresponding to the unused portion of the term of the Tariff Plan you purchased.
- All communications between us and you regarding the provision of PrivMX Services, including matters relating to the Terms of Service or filing complaints, may be made electronically using the contact methods indicated within the Terms of Service. This includes making additional arrangements between you and us regarding the provision of PrivMX Services.
- However, this does not prohibit you from contacting us by other means of communication, including letters or registered mail, if expressly permitted by the provisions of this or any other document that is binding us.
- These Terms of Service shall apply from 17 February 2024.
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