Terms and Conditions

Effective Date: December 5, 2019

Welcome to Privatily Inc. (“Privatily,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your use of the Privatily website, www.privatily.com (the “Website”), and any services provided by Privatily (collectively, the “Services”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

If you are using the Services on behalf of a company or other entity, you represent and warrant that you are authorized to bind that entity to these Terms.

1. Privacy Policy, Legal Disclaimer, and Service Accessibility

2. Account Creation and Responsibilities

2.1 Account Registration

  • To use certain features of the Services, you must create an account and provide accurate, up-to-date information.
  • You must be at least 18 years old to register.

2.2 Account Security

  • You are responsible for maintaining the confidentiality of your account credentials.
  • Notify us immediately at [email protected] if you suspect unauthorized access to your account.

3. Limited License to Use the Services

We grant you a non-exclusive, non-transferable, revocable license to access and use the Services for lawful purposes. You agree not to:

  • Use the Services for unlawful purposes in any country or jurisdiction, including but not limited to the US, UK, Canada, and UAE.
  • Engage in activities that infringe third-party rights, including intellectual property rights.
  • Reverse engineer or copy any part of the Services.
  • Use fake, fraudulent, or misleading documents or information.

4. Services, Legal Disclaimer, and Service Accessibility

4.1 Scope of Services

Privatily facilitates company formation services. However, we:

  • Do not guarantee specific timelines, as delays may occur with government agencies, banks, or other third parties.
  • Are not liable for decisions made by third parties (e.g., bank account approvals).
  • Provide digital copies of documents only; physical copies are not included.

4.2 Legal Disclaimer

Your use of our Services is subject to the conditions outlined in our Legal Disclaimer. This includes, but is not limited to:

  • Acknowledgment that Privatily is not a law firm and does not provide legal or financial advice.
  • Agreement that you are responsible for ensuring compliance with applicable laws and regulations.

4.3 Service Accessibility

Please review our Service Accessibility page for important information about the availability of our Services in certain regions and limitations related to third-party services, such as payment processors or banks. By using our Services, you acknowledge these limitations.

5. Refund Policy

Refunds are only available for services that have not been commenced. Once the formation process begins, fees are non-refundable. Administrative and processing costs may be deducted from refunds.

6. Payment Terms

  • By purchasing our Services, you agree to pay all applicable fees as outlined at the time of purchase.
  • Some of our Services come with a monthly or yearly subscription. By signing up for these subscriptions, you authorize us to charge your saved payment method for recurring payments as per the subscription plan you choose.
  • Your card details are securely captured and stored by our payment processors, not by us. Our payment processors are PCI DSS compliant and prioritize your privacy and data security.
  • Payments for services that have not yet commenced may be eligible for a refund in accordance with our Refund Policy.
  • Once a service has commenced, payments become non-refundable. This includes services where the formation process, documentation preparation, or submission to government agencies has begun.
  • Any refunds issued will be subject to deductions for administrative and processing costs, as detailed in our Refund Policy.
  • You are responsible for ensuring the accuracy of your payment information and the availability of sufficient funds for transactions.

6.1 Dispute Resolution

  • In the event of a payment dispute, we aim to resolve the issue amicably. Please contact us at [email protected] to initiate a resolution process.
  • We will work with you to address your concerns in good faith. Should a resolution not be reached, the matter may be escalated in accordance with the dispute resolution mechanisms outlined in these Terms.

7. Intellectual Property

All content and intellectual property associated with the Services are owned by Privatily or its licensors. You may not copy, distribute, or modify any part of the Services without our prior written consent.

8. Disclaimers

The Services are provided on an “as-is” and “as-available” basis. We disclaim all warranties, express or implied, including but not limited to:

  • Fitness for a particular purpose.
  • Non-infringement of intellectual property.
  • Any guarantees regarding third-party services (e.g., bank approvals).

9. Limitation of Liability

To the fullest extent permitted by law:

  • Privatily is not liable for any indirect, incidental, or consequential damages.
  • Our total liability to you will not exceed the amount you paid for the Services.

10. Arbitration and Dispute Resolution

10.1 Amicable Resolution First

  • In the event of any dispute, claim, or controversy arising out of or related to these Terms or the Services, you must first contact us at [email protected].
  • We will attempt to resolve the dispute amicably within 30 days of receiving your written notice. You agree to participate in good faith discussions to resolve the dispute during this period.

10.2 Mandatory Binding Arbitration

  • If the dispute is not resolved amicably, you agree that the matter will be resolved exclusively through binding arbitration. By using our Services, you expressly agree to waive your right to a trial in court.
  • Arbitration Venue and Rules:
    • The arbitration will be conducted under the rules of the Canadian Arbitration Association or another arbitration body chosen by Privatily.
    • The arbitration will take place in Canada, and all proceedings will be conducted in English.
  • Arbitrator Selection and Authority:
    • The arbitrator will be selected solely by Privatily and must have experience in commercial disputes.
    • The arbitrator will have the authority to decide all matters related to the dispute, but not to award punitive damages or damages exceeding the amount paid for our Services.

10.3 Class Action and Jury Trial Waiver

  • You agree that any disputes must be resolved on an individual basis and waive your right to participate in a class action, collective, or consolidated proceeding.
  • You also waive your right to a trial by jury.

10.4 Limited Exceptions to Arbitration

  • Privatily reserves the right to seek immediate injunctive or equitable relief in court to protect its intellectual property, confidential information, or proprietary rights.
  • Claims eligible for small claims court may, at Privatily’s sole discretion, be handled in that forum.

10.5 Confidentiality

  • All arbitration proceedings, including the final decision, will remain strictly confidential. You agree not to disclose any aspect of the dispute, the arbitration process, or the final decision to any third party without prior written consent from Privatily, unless required by law.

10.6 Costs and Fees

  • You agree that each party will bear its own costs and legal fees for the arbitration. However, if Privatily prevails, you agree to reimburse all legal costs, arbitration fees, and related expenses incurred by Privatily.

10.7 Governing Law and Jurisdiction

  • These Terms and any dispute arising out of them are governed by the laws of Canada, without regard to conflict of law principles.
  • If arbitration is not applicable, all disputes shall be resolved exclusively in the courts of Canada, and you agree to submit to their jurisdiction.

11. Termination

We reserve the right to suspend or terminate your access to the Services for violations of these Terms or other applicable policies.

12. Governing Law

These Terms are governed by the laws of Canada, without regard to conflict of law principles.

13. Changes to the Terms

We may update these Terms at any time. Continued use of the Services constitutes your acceptance of any changes.

14. Contact Us

For questions or concerns about these Terms, please contact us:
Email: [email protected]
Website: www.privatily.com

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