Terms of Service

Effective Date: December 5, 2019

Welcome to Privatily (“Privatily,” “we,” “our,” or “us”). These Terms of Service (“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 authorised to bind that entity to these Terms.

1. Privacy Policy, Legal Disclaimer, and Service Accessibility

Your use of the Services is governed by our Privacy Policy, Legal Disclaimer, and Service Accessibility page. By accessing or using our Services, you confirm that you have read, understood, and agreed to these policies.

Your use of the Services also requires compliance with our Know Your Customer (KYC) and Anti-Money Laundering (AML) Policy, which outlines documentation requirements and verification procedures.

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. You must notify us immediately at [email protected] if you suspect unauthorised access to your account, following the notification and confirmation procedure described in Section 3.

2.3 Accurate and Current Information

You are solely responsible for the accuracy, quality, integrity, legality, reliability, and appropriateness of all information you provide to Privatily. The accuracy of any filings, registrations, or submissions that Privatily makes on your behalf depends entirely on the information you provide.

You must promptly notify Privatily at [email protected] whenever any of your information changes, and follow the notification and confirmation procedure described in Section 3. Failure to maintain accurate and up-to-date information, or failure to obtain confirmation of a change notification, constitutes a material breach of these Terms and is grounds for immediate suspension or termination of your account and any active Services, without refund.

2.4 Electronic Signatures and Records

You acknowledge that Privatily operates as a digital service provider. Where filings, registrations, or other actions are performed on your behalf, you agree to provide your electronic or physical signature when required. You consent to the use of electronic signatures and electronic records in connection with all Services, to the extent permitted by applicable law.

2.5 KYC/AML Compliance

You must provide valid identification and proof of address in accordance with our KYC and AML policies. Privatily may refuse, suspend, or terminate Services if documents are incomplete or invalid, if you fail KYC/AML checks, or if suspicious or fraudulent activity is detected. You remain responsible for ensuring that any company formed through Privatily complies with all applicable AML regulations.

2.6 Retention of Client Identification Documents

As part of its KYC/AML obligations and company formation services, Privatily collects identification documents from clients, including but not limited to passports, government-issued identification, and proof of address. Privatily retains these documents for compliance, regulatory, and legal purposes, including to respond to requests or inquiries from government authorities, law enforcement agencies, or regulatory bodies. By providing your identification documents to Privatily, you consent to their retention for as long as Privatily determines is necessary to fulfil its legal and regulatory obligations. All identification documents are stored securely using appropriate encryption and access controls.

3. General Notification and Confirmation Obligation

Whenever these Terms require you to notify Privatily of any matter — including but not limited to changes in your information, security incidents, billing discrepancies, document forwarding requests, cancellation requests, or any other communication that requires Privatily’s action or awareness — the following procedure applies:

(a) All notifications must be sent to [email protected] unless a different contact method is specified.

(b) Upon sending any notification, you must wait for a written confirmation from Privatily acknowledging receipt.

(c) If you do not receive a written confirmation within a reasonable period of time, you are required to follow up by sending additional communications until a confirmation is received. It is not sufficient to send a single notification and assume it was received.

(d) A notification shall not be considered complete or effective until Privatily has acknowledged it in writing. Privatily shall bear no responsibility for any consequences arising from a notification that was not confirmed, regardless of the reason the confirmation was not received.

(e) You bear the sole responsibility for retaining proof of all notifications sent and confirmations received from Privatily.

4. Limited Licence and Acceptable Use

4.1 Limited Licence

We grant you a non-exclusive, non-transferable, revocable licence to access and use the Services for lawful purposes, subject to these Terms.

4.2 Acceptable Use

In using Privatily’s websites and Services, you may not, nor may you permit any third party, directly or indirectly, to:

(a) Use the Services for unlawful purposes in any country or jurisdiction, including but not limited to the US, UK, and UAE.

(b) Engage in activities that infringe third-party rights, including intellectual property rights.

(d) Use fake, fraudulent, or misleading documents or information.

(e) Access or monitor any material or information on Privatily’s systems using any manual process or automated means, including robots, spiders, crawlers, scrapers, or other automated tools.

(f) Violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any technical limitations, or use any tool to enable features that are otherwise disabled, except to the extent any restriction is expressly prohibited by applicable law.

(g) Perform or attempt to perform any actions that would interfere with the proper working of the Services or prevent access by other clients.

(h) Copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, or distribute any material, information, or Services from Privatily.

(i) Access any account, information, or material other than that within your own authorised account.

(j) Transfer any rights granted to you under these Terms without Privatily’s prior written consent.

If Privatily reasonably suspects that your account has been used for an unauthorised, illegal, or criminal purpose, you hereby give Privatily express authorisation to share information about you and your account with law enforcement authorities.

5. Services, Legal Disclaimer, and Service Accessibility

5.1 Scope of Services

Privatily facilitates company formation services, registered office address services, registered agent services, business address services, mail handling services, and related administrative services. These services are delivered by Privatily in partnership with independent third-party providers (“Partners”). Most addresses and registered agent services offered through Privatily are provided by our Partners, not directly by Privatily.

5.2 Legal Disclaimer — No Legal, Tax, or Financial Advice

Privatily is not a law firm, accountancy firm, tax advisory firm, or fiduciary, and does not provide legal, tax, financial, regulatory, or compliance advice of any kind. Any information, guidance, suggestions, instructions, or communications provided by Privatily — whether through our website, client dashboard, email, live chat, phone, social media, support tickets, or any other channel — is provided as general information only and must not be relied upon as legal, tax, financial, or professional advice.

You acknowledge and agree that:

(a) No statement, communication, or information provided by any member of Privatily’s team — including but not limited to founders, directors, officers, employees, agents, contractors, support staff, or affiliates — through any channel whatsoever, constitutes legal advice, tax advice, financial advice, or professional advice of any kind.

(b) No communication between you and Privatily creates, implies, or establishes an attorney-client relationship, accountant-client relationship, fiduciary duty, or any professional advisory relationship.

(c) You are solely responsible for seeking and obtaining independent legal, tax, financial, and regulatory advice from qualified professionals in the relevant jurisdiction(s) before making any decisions based on information provided by Privatily.

(d) Privatily shall not be liable for any loss, damage, penalty, fine, or consequence arising from your reliance on any information, guidance, or communication provided by Privatily or any member of its team, regardless of the channel through which it was provided and regardless of whether such information was accurate or inaccurate.

(e) If any information provided by Privatily appears to conflict with applicable law, regulation, or professional advice you have received, you must follow the law and your professional advisor’s guidance — not Privatily’s information.

5.3 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. By using our Services, you acknowledge these limitations.

5.4 Service Scope Clarification

Privatily provides administrative support for company formation. We do not act as directors, shareholders, legal representatives, or managers of any company formed through our platform unless explicitly stated in writing. Clients remain fully responsible for managing their companies and ensuring legal compliance after formation.

5.5 Third-Party Providers and Partners

Privatily partners with independent third-party providers for services such as registered office addresses, registered agent services, mail handling, payment consultations, and banking introductions. You acknowledge and agree that:

(a) Most addresses, registered agent services, and mail handling services offered through Privatily are provided by our Partners, not directly by Privatily. Privatily acts as an intermediary facilitating your access to these Partner services.

(b) Privatily is not liable for any delays, errors, omissions, failures, negligence, or misconduct by its Partners or their employees, agents, or subcontractors, including but not limited to failure to receive, process, scan, forward, or deliver any mail, documents, legal notices, or service of process.

(d) If a Partner discontinues a service, Privatily may, at its sole discretion, assign a replacement provider or offer a prorated refund for any unused portion of the affected service.

(e) Neither Privatily nor any of its directors, officers, employees, agents, or affiliates shall be held personally liable, accountable, or responsible for any act or omission of any Partner, and you agree not to pursue any claim, compensation, or legal action against Privatily or any member of its team in connection with Partner services.

5.6 Complimentary Website Creation

For select service packages or if you purchase website creation separately, Privatily may offer complimentary website creation as a value-added benefit. This website is provided as-is and may include third-party content such as stock images, templates, or plugins. Clients are solely responsible for reviewing and verifying the legal compliance of all website content. Privatily does not guarantee that all content is free of third-party copyright claims and will not be held liable for any legal claims, fines, or disputes arising from such content.

5.7 Client Compliance Responsibility — Your Sole Obligation

By using Privatily’s Services, you acknowledge and agree that you are solely and exclusively responsible for ensuring that you, your company, and any partners, directors, shareholders, or beneficial owners associated with your company are fully compliant with all applicable laws, rules, regulations, and requirements. This includes, without limitation:

(a) All federal, state, provincial, local, and municipal laws in every jurisdiction where your company is formed, registered, or operates.

(b) All tax obligations, including but not limited to corporation tax, income tax, sales tax, VAT, payroll tax, franchise tax, and any other tax or levy imposed by any authority.

(c) All annual filings, confirmation statements, annual reports, biennial reports, and any other periodic filings required by any government authority, including but not limited to Companies House, HMRC, the IRS, state Secretaries of State, CRA, or any equivalent body in any jurisdiction.

(d) All regulatory requirements, including but not limited to AML regulations, data protection laws, consumer protection laws, employment laws, health and safety regulations, environmental regulations, and industry-specific licencing or permitting requirements.

(e) All intellectual property laws, including copyright, trademark, and patent laws in every jurisdiction where your company operates or offers products or services.

(f) All corporate governance obligations, including maintaining proper records, holding required meetings, filing required documents, and responding to official government communications.

(g) All identity verification, beneficial ownership reporting, and corporate transparency requirements imposed by any authority in any jurisdiction.

It is your responsibility — not Privatily’s — to research, understand, and comply with every rule, regulation, and legal requirement that applies to your company. You may not rely on Privatily to inform you of your obligations. Privatily does not monitor your compliance and has no duty to do so.

5.8 No Obligation to Notify, Remind, or Advise on Compliance

Privatily has no obligation whatsoever to notify you, remind you, or advise you about any filing deadline, tax obligation, regulatory requirement, compliance matter, or any other obligation that applies to you or your company. This applies regardless of whether Privatily has knowledge of such obligations and regardless of whether Privatily offers services that could assist with such obligations.

You acknowledge and agree that:

(a) Privatily will not notify you about filing deadlines, tax due dates, annual report deadlines, confirmation statement deadlines, or any other compliance deadline — unless you have purchased a specific service from Privatily that expressly includes such notifications as a stated feature of that service.

(b) Even if Privatily has previously sent you a reminder, notification, or communication about a compliance matter as a courtesy, this does not create any obligation on Privatily to send such reminders in the future. Past courtesy does not establish a duty.

(c) If Privatily sends you a marketing message, advertisement, offer, or promotional communication about a compliance service (such as an annual report filing service, tax registration service, or any other service), this does not constitute a compliance notification, does not mean that Privatily is monitoring your compliance, and does not create any obligation on Privatily to inform you about your specific compliance requirements. Marketing communications are commercial in nature and are not compliance advice.

(d) If a penalty, fine, loss of good standing, dissolution, strike-off, default judgment, or any other consequence arises because you missed a filing deadline, tax payment, regulatory requirement, or any other obligation, Privatily shall bear no liability whatsoever — regardless of whether Privatily could have reminded you, regardless of whether Privatily had knowledge of the deadline, and regardless of whether Privatily offers a service that could have addressed the obligation.

(e) You are solely responsible for maintaining your own systems, calendars, reminders, and processes for tracking all compliance obligations. You may not delegate this responsibility to Privatily.

5.9 Client Liability for Information Provided

You are solely and fully liable for every piece of information you provide to Privatily, whether provided through our website, dashboard, email, phone, live chat, uploaded documents, or any other channel. This includes all names, addresses, identification documents, company details, beneficial ownership information, financial information, and any other data provided for any purpose.

You acknowledge and agree that:

(a) Privatily relies entirely on the information you provide. Privatily does not independently verify the accuracy, completeness, legality, or truthfulness of your information unless expressly required by its KYC/AML obligations.

(b) If any information you provide is inaccurate, incomplete, misleading, outdated, or fraudulent, you bear full responsibility for all consequences, including rejected filings, penalties, fines, legal proceedings, and any harm to third parties.

(c) If you notice any error or mistake in any information you have provided to Privatily — or in any filing, document, or registration that Privatily or its Partners have made on your behalf — you must notify Privatily immediately following the notification and confirmation procedure in Section 3. You must continue to follow up until the error is confirmed as received and corrected.

(d) If you fail to notify Privatily of an error promptly, Privatily shall not be liable for any consequences arising from that error, including but not limited to fines, penalties, rejected filings, or legal proceedings.

(e) Privatily is not responsible for reviewing, auditing, or verifying the ongoing accuracy of information previously submitted. It is your duty to review all filings and documents made on your behalf and to report any discrepancies immediately.

6. Company Formation Services

Privatily provides company formation services by coordinating the preparation and filing of the necessary formation documents with the relevant government authorities. Depending on the jurisdiction and the specific arrangement, the formation may be carried out directly by Privatily’s team or by one of Privatily’s Partners on Privatily’s behalf. In either case, the outcome is that your company is formed in accordance with applicable law. By using our company formation services, you acknowledge and agree that:

(a) The accuracy and completeness of the formation filings depend entirely on the information you provide. Privatily reviews your documents for completeness but does not provide legal advice regarding your business structure, tax obligations, or regulatory compliance.

(b) Processing times vary by jurisdiction and are subject to delays caused by government agencies. Privatily does not guarantee specific formation timelines.

(c) You are solely responsible for all post-formation obligations, including but not limited to tax registrations, annual filings, regulatory compliance, and obtaining any licences or permits required to operate your business.

(d) Privatily is not responsible for the rejection of any filing by a government authority where such rejection results from inaccurate, incomplete, or non-compliant information provided by you.

(e) Government filing fees, state fees, or other third-party charges are separate from Privatily’s service fees and are subject to change by the relevant authority without notice.

7. Registered Agent and Legal Document Handling (US)

7.1 Registered Agent Services via Partners

Where a registered agent is appointed for your US-formed entity, this service is provided by one of Privatily’s third-party Partners, not by Privatily directly. Privatily facilitates your access to registered agent services but does not itself act as your statutory registered agent. The Partner designated as your registered agent bears the statutory duties imposed by the applicable state law.

7.2 Legal Document Receipt

You authorise the designated Partner to receive service of process, important communications, and legal documents (“Legal Documents”) on your behalf. Fees may apply for the receipt and processing of Legal Documents in accordance with your service package. You agree that Legal Documents may be opened, scanned, uploaded, and transmitted into your account.

7.3 Regular Documents

Documents received on your company’s behalf that are not communications from a government authority related to your company’s registration, nor documents related to legal service of process, are considered “Regular Documents.” Depending on your service package, there may be a limit on the number of Regular Documents accepted without additional fees. You agree to pay fees for excess Regular Documents, including for physical forwarding requests.

7.4 Limitation of Registered Agent Services

Registered agent services are limited to the receipt of service of process and the forwarding of Legal Documents. They do not include receipt of general mail unless you have purchased a mail handling or Business Address service.

7.5 Use of Registered Agent Address

If you have purchased only registered agent service, the address may be used solely for providing notice of who and where to serve any service of process or legal notice. Any use of the address on tax forms, filings, or other documents completed by you is solely your responsibility. Privatily bears no liability for any consequences arising from your use of the address.

7.6 Document Delivery and Liability (US)

Registered agent services in the United States are provided by Privatily’s third-party Partners. The process of receiving, processing, and forwarding documents involves multiple parties and steps — including the Partner receiving the document, transmitting it to Privatily, Privatily processing it, and making it available to you. Privatily does not guarantee the receipt, scanning, timely processing, forwarding, or delivery of any document at any stage of this chain — whether the failure occurs at the Partner level, at Privatily’s level, or at any other point, and regardless of the cause, including human error, administrative oversight, technical failure, or any other reason.

Privatily is not a party to the statutory registered agent relationship between you and the designated Partner. To the fullest extent permitted by applicable law, neither Privatily nor any of its directors, officers, employees, agents, or affiliates shall be liable, accountable, or held responsible for any failure, delay, error, omission, or negligence in the receipt, processing, or forwarding of any document — whether such failure is attributable to a Partner, to Privatily itself, to postal services, or to any other party — regardless of the nature or importance of such document, and regardless of whether such failure results in default judgments, missed deadlines, fines, penalties, legal proceedings, or any other consequence. You agree not to seek or claim compensation from Privatily or any member of its team for any such failure.

Your primary method of receiving documents is through your client dashboard and portal, which you are solely responsible for monitoring (see Section 10.6). Email notifications, if any, are provided as a courtesy only and are not guaranteed. Your sole recourse for claims relating to statutory registered agent failures shall be against the Partner providing the service, subject to that Partner’s own terms.

8. UK Company Formation Services

8.1 Formation with Companies House

Privatily provides UK company formation services by coordinating the preparation and filing of incorporation documents with Companies House. Depending on the specific arrangement, the formation may be carried out directly by Privatily’s team or by one of Privatily’s Partners on Privatily’s behalf. By using our UK company formation services, you acknowledge and agree that:

(a) All UK companies must comply with the Companies Act 2006 and all subsequent amendments, including the Economic Crime and Corporate Transparency Act 2023 (“ECCT Act”).

(b) You are solely responsible for ensuring that your chosen company name complies with Companies House naming rules.

(c) Privatily files standard model articles of association unless you provide custom articles. You are responsible for seeking independent legal advice if you require customised articles.

8.2 Director Identity Verification

Under the ECCT Act, all company directors and persons with significant control (PSCs) are required to verify their identity with Companies House. Privatily may assist with or facilitate the identity verification process, but compliance remains your sole responsibility. Privatily is not liable for any delays, penalties, or consequences arising from your failure to complete identity verification.

8.3 UK Registered Office Address

If Privatily provides a registered office address for your UK company, this address is provided by one of Privatily’s Partners, not by Privatily directly. The address is for the receipt of official government correspondence only, including documents from Companies House, HMRC, and other statutory bodies. Private or commercial mail is not accepted at this address and may be returned to sender without notice. If you need to receive private or commercial mail, you may upgrade to Privatily’s Business Address service.

8.4 Document Delivery and Liability (UK)

Registered office address services for UK companies are provided by Privatily’s third-party Partners. The process of receiving, processing, and forwarding documents involves multiple parties and steps. Privatily does not guarantee the receipt, scanning, timely processing, forwarding, or delivery of any document at any stage — whether the failure occurs at the Partner level, at Privatily’s level, or at any other point, and regardless of the cause, including human error, administrative oversight, technical failure, or any other reason.

To the fullest extent permitted by applicable law, neither Privatily nor any of its directors, officers, employees, agents, or affiliates shall be liable, accountable, or held responsible for any failure, delay, error, omission, or negligence in the receipt, processing, or forwarding of any document — whether such failure is attributable to a Partner, to Privatily itself, to postal services, or to any other party — regardless of the nature or importance of such document, and regardless of whether such failure results in missed deadlines, fines, penalties, strike-off proceedings, loss of good standing, legal proceedings, or any other consequence. You agree not to seek or claim compensation from Privatily or any member of its team for any such failure.

8.5 UK Post-Formation Obligations

After your UK company has been formed, you are solely responsible for:

(a) Registering for Corporation Tax with HMRC within 3 months of commencing trading.

(b) Registering for VAT if your turnover exceeds the applicable threshold.

(d) Maintaining a registered email address with Companies House as required by law.

(e) Ensuring all directors and PSCs complete mandatory identity verification within the required timeframe.

(f) Responding to all official communications from Companies House and HMRC.

Privatily does not act on your behalf in legal, tax, or regulatory matters and is not liable for missed filings, fines, late filing penalties, or non-compliance.

9. Corporate Transparency Act (CTA) Compliance

9.1 Company Applicant Status

Depending on the jurisdiction and the specific service arrangement, your company formation may be carried out directly by Privatily’s team or by one of Privatily’s Partners on Privatily’s behalf. In either case, the entity responsible for preparing and submitting the formation documents — whether Privatily or a Partner — may be considered a “Company Applicant” as defined by 31 CFR 1010.380(e) under the Corporate Transparency Act. The identity of the party handling your formation may vary from case to case, and Privatily is not obligated to disclose which party performed the filing unless required by law. Privatily and its Partners will cooperate with applicable reporting requirements as required by law.

9.2 Beneficial Ownership Information (BOI) — Client Responsibility

Privatily does not file Beneficial Ownership Information (BOI) reports on your behalf. Filing your BOI report with FinCEN is your sole responsibility.

To assist you, Privatily provides links, instructions, and guidance on how to complete and submit your BOI report. Your client dashboard requires you to either enter your BOI confirmation number or actively skip this step before you can access other dashboard features. This mechanism is designed to ensure you are aware of your BOI filing obligation.

By using Privatily’s Services, you acknowledge and agree that:

(a) You are solely responsible for the timely and accurate filing of your BOI report with FinCEN.

(b) Privatily’s provision of links, instructions, or guidance does not constitute legal advice and does not create any obligation on Privatily to file or verify your BOI report.

(c) Privatily shall not be liable for any fines, penalties, or consequences arising from your failure to file, or your late or inaccurate filing of, a BOI report.

10. Mail Handling Policy

10.1 UK Registered Office Address

The registered office address service provided by Privatily (via Partners) is strictly for official government correspondence only, including documents from Companies House, HMRC, and other statutory bodies. Private or commercial mail is not accepted and may be returned to sender without notice. If you need to receive private or commercial mail, you can upgrade to our Business Address service.

10.2 US Registered Agent Address

The registered agent address provided with US company formations (via Partners) can receive both official and private mail. Mail forwarding is available for a fee, depending on the number of pages and your delivery address. This service includes 2–3 complimentary mail scans per year, depending on the state and agent used. The specific terms, limits, and fees for additional mail scanning and forwarding beyond the complimentary scans are determined by your service package and may vary depending on the state and agent used. If you wish to upgrade to higher mail scanning or forwarding limits, you can do so at any time by contacting our support team at [email protected].

10.3 Use of Address

Your ability to use any address provided through Privatily or its Partners is strictly dependent on the Service you have purchased. If you have purchased additional services (e.g., Business Address, Virtual Office), the permitted uses will be specified in the applicable service description.

10.4 General Mail Handling Disclaimer

Privatily and its Partners use third-party service providers for receiving and forwarding mail. Privatily does not guarantee the receipt, scanning, or timely delivery of any physical or digital mail, documents, or correspondence of any kind. Privatily is not liable for any delays, lost mail, misdirected mail, or missed deadlines resulting from third-party handling, postal service issues, courier failures, or any other cause whatsoever. You are responsible for ensuring that your contact information is up to date and for monitoring official communications and your own compliance deadlines.

Neither Privatily nor any of its directors, officers, employees, agents, or affiliates shall be personally liable or held accountable for any loss, damage, fine, penalty, default judgment, legal proceeding, or any other consequence arising from the failure to receive, process, scan, forward, or deliver any document, mail, or correspondence — regardless of the reason for such failure and regardless of whether such failure was caused by Privatily, its Partners, postal services, couriers, or any other party. You expressly waive any right to claim compensation, damages, or hold any member of the Privatily team accountable in connection with mail handling services.

10.5 Changes to Address and Registered Agent Services

If a Partner discontinues, relocates, or makes an address or registered agent service unavailable, Privatily may, at its sole discretion: (a) assign a replacement service at no additional cost; or (b) offer a prorated refund and terminate the affected service.

If Privatily assigns a new address or registered agent, you must promptly update your company’s records with the relevant authorities and cease using any old address immediately. Privatily will not be liable for consequences arising from your failure to update records. Continuing to use any discontinued address or service is strictly prohibited and may constitute misrepresentation.

10.6 Client Duty to Monitor — Primary Obligation

Your client dashboard and online portal are the primary and authoritative method through which documents, scans, notifications, and communications are made available to you. You are solely responsible for logging into your account regularly and checking for new documents, notifications, and updates. Privatily recommends that you check your dashboard at least once per week, or more frequently if you are aware of pending legal, regulatory, or compliance matters.

You acknowledge and agree that:

(a) It is your obligation — not Privatily’s — to actively and regularly monitor your dashboard for new documents and communications.

(b) Privatily’s duty with respect to document handling is fulfilled when a document is uploaded to your client dashboard or portal. Once a document has been made available in your account, Privatily has discharged its obligation, and any failure by you to access, review, or act upon the document in a timely manner is solely your responsibility.

(c) You shall not rely on email notifications, SMS messages, or any other form of communication from Privatily as your sole or primary means of being informed about documents received on your behalf. Your dashboard is the definitive source.

(d) If you fail to check your dashboard and consequently miss a document, deadline, or legal notice, Privatily shall bear no liability for any resulting consequences, including but not limited to default judgments, fines, penalties, loss of good standing, or legal proceedings.

10.7 Email and Other Notifications — Courtesy Only

Privatily may, from time to time, send email notifications, SMS alerts, or other communications to inform you that a new document has been uploaded to your dashboard or that action may be required. These notifications are provided as a courtesy only and are not a contractual obligation. You acknowledge and agree that:

(a) Privatily does not guarantee that notifications will be sent for every document received or uploaded.

(b) Privatily does not guarantee the timeliness, accuracy, or delivery of any notification. Email and SMS delivery depends on third-party systems outside Privatily’s control.

(c) The absence of a notification does not extend any deadline, excuse any failure to act, or create any liability on the part of Privatily.

(d) You may not claim that you were unaware of a document because you did not receive a notification. Your duty to monitor your dashboard (Section 10.6) exists independently of any notification.

10.8 Duty to Mitigate

In the event that you become aware of any failure, delay, or error in the receipt or forwarding of any document, you are required to take all reasonable steps to mitigate any potential harm or loss. This includes, but is not limited to: contacting Privatily immediately following the procedure in Section 3, contacting the relevant government authority or court directly, taking independent steps to obtain copies of any missed documents, and seeking legal advice where appropriate. Failure to take reasonable steps to mitigate may reduce or eliminate any claim you might otherwise have.

10.9 Client Duty to Maintain Parallel Communication Channels

You acknowledge that Privatily’s registered agent and registered office services are a convenience and administrative support tool, not a replacement for your own direct communications with courts, government agencies, regulators, or other parties. You are strongly advised — and in accepting these Terms you agree — to take the following steps:

(a) Inform any court, government authority, regulatory body, or other party that may serve you with legal or regulatory documents to also send copies directly to you at an address or email that you personally control, in addition to sending them to the registered agent or registered office address.

(b) Maintain your own independent systems for tracking legal deadlines, compliance filings, annual report due dates, tax deadlines, and any other time-sensitive obligations.

(c) Do not rely exclusively on Privatily or its Partners as your sole channel for receiving time-sensitive legal or regulatory communications.

By accepting these Terms, you acknowledge that if you choose to rely solely on Privatily’s registered agent or registered office services as your only means of receiving documents, you do so at your own risk, and you accept full responsibility for any consequences arising from a failure at any point in the document handling chain.

10.10 Periodic Account Review Obligation

You are required to log into your Privatily client dashboard and review all documents, notifications, and account activity at least once every ninety (90) days (quarterly). By continuing to use the Services, you confirm that you are meeting this obligation.

If you fail to log into your account and review your documents for a period exceeding ninety (90) consecutive days, you acknowledge and agree that:

(a) Any documents that were uploaded to your dashboard during that period are deemed to have been received and acknowledged by you.

(b) You waive any and all claims against Privatily in connection with documents that were available in your dashboard during a period in which you failed to meet the quarterly review obligation.

(c) Privatily may, at its sole discretion, treat your failure to log in as abandonment of services and may suspend or terminate your account after providing notice to your email address on file.

11. Document Destruction Policy

Privatily and its Partners do not perpetually retain original copies of mail and documents received on your behalf. You are expected to act diligently and promptly to prevent delivery of vital documents to Privatily’s or its Partners’ addresses and, if delivered, to request forwarding without delay following the procedure in Section 3.

Unless otherwise agreed in writing, all forwarding requests will be at your expense. All original documents and mailings (other than client identification documents retained under Section 2.6) are destroyed thirty (30) days following their digital scanning. Privatily shall not be liable for the loss or destruction of any original document after this retention period.

12. Package Receipt Policy

Privatily’s services are intended for the receipt of mail and documents only. Packages arriving at Privatily’s or its Partners’ offices will be refused upon delivery or returned to their origin if immediate refusal is not possible.

If neither refusal nor return is possible, you will be informed. By using Privatily’s Services, you agree that Privatily is not acting as a bailee or warehouse and owes no duty of care in the holding or shipping of packages. If you request forwarding, you are responsible for all shipping and insurance costs. Packages will be held for a maximum of 12 days before being disposed of.

13. Document Storage and Client Portal

13.1 Use of Document Storage

Privatily may provide you with a client portal with optional document storage. You agree not to upload content to which you do not possess the necessary rights, or any illegal, dangerous, or illicit material. Privatily may review stored content for compliance and may terminate Services if violations are found.

13.2 Intellectual Property Licence for Stored Content

By using the document storage feature, you grant Privatily a worldwide, non-exclusive, royalty-free licence to use your stored content solely to provide the service, improve operations, and develop new technologies. This licence permits Privatily to host, reproduce, distribute, and use your content, and to sub-licence these rights to parties necessary to deliver Services. You retain ownership of your intellectual property. This licence expires when you delete the content, unless a lawful reason exists to preserve it.

14. Website Hosting and Domain Management

14.1 Hosting

Websites hosted by Privatily remain accessible as long as your account is in good standing. Clients retain ownership of their provided content; Privatily retains rights to proprietary tools, templates, or frameworks. Privatily may suspend hosting for non-payment or misuse. Website uptime is not guaranteed. Outages, security incidents, and performance issues are outside Privatily’s control. Privatily does not accept liability for downtime or inaccessibility.

14.2 Domain Ownership

Unless otherwise agreed in writing, domain ownership belongs to the client, even if managed from Privatily’s registrar account. Domains can be transferred upon request and account verification, provided there are no outstanding dues.

14.3 Domain Renewal

Domain renewal is the client’s sole responsibility. The initial service fee covers only the first year. Renewal must be requested and paid for separately following the procedure in Section 3. Privatily is not obligated to send renewal reminders. If not renewed, the domain may expire, resulting in loss of website, emails, and related services.

14.4 Expired Domains

Expired domains may enter registrar-controlled grace or redemption periods with additional fees. Privatily cannot guarantee recovery of expired domains.

14.5 DNS and Transfer Risks

Domain transfers or DNS modifications may cause temporary or permanent disruptions to website and email. Clients are responsible for coordinating these changes carefully.

15. Refund Policy

Refunds are only available for services that have not commenced. Once the formation process begins, fees are non-refundable. Administrative and processing costs may be deducted from any refund. Unless otherwise stated, all purchases are final and non-refundable after 90 days. Privatily reserves the right to issue refunds or credits at its sole discretion. This policy does not affect statutory rights that may apply.

16. Payment Terms

16.1 General

By purchasing Services, you agree to pay all applicable fees. Some Services include recurring subscriptions; you authorise charges to your saved payment method accordingly. Card details are stored by our payment processors, not by Privatily. You are responsible for ensuring payment accuracy and fund availability.

16.2 Payment Processors

All payments are processed by third-party processors. Privatily does not collect or store payment data. By paying, you agree to the processor’s terms. The processor’s security measures apply; Privatily is not responsible for processor breaches or errors. Disputes with the processor must be resolved directly with them. Privatily may change processors at any time.

16.3 Payment Disputes

Opening a payment dispute for any service may result in immediate suspension of your entire account, including all active services. Clients must contact our support team for refunds rather than initiating disputes. Suspended accounts require full repayment of disputed amounts before reinstatement.

16.4 Declined Payments and Collections

Failed payments may result in account suspension. Privatily may use legal action or collection agencies to recover amounts owed. You are liable for all collection fees and charges. You are responsible for bank fees including overdraft and insufficient funds charges. Billing discrepancies must be reported following the procedure in Section 3; failure to report timely constitutes waiver. Non-payment of renewal invoices may result in entity suspension or dissolution by the relevant authority; paying past-due invoices does not guarantee restoration.

16.5 Credit Wallet

Funds added to or credited to your account are held as non-expiring account credit (“Credit Wallet”). You authorise Privatily to auto-apply Credit Wallet balances toward unpaid fees, chargebacks, disputes, or other amounts owed. If your primary payment method and Credit Wallet are both insufficient, Services may expire or be terminated. Account credit has no cash value, is non-transferable and non-refundable. Privatily may modify the Credit Wallet programme at any time.

16.6 Renewal Pricing

Renewal prices may differ from original prices and may change without notice. The price at the time of renewal applies. Renewal may require meeting eligibility and compliance requirements. You may decline renewal if you disagree with pricing.

16.7 Service Renewal and Client Responsibility

All Services are provided for a fixed term unless stated otherwise. Unless automatic renewal is expressly stated, all Services require active client renewal. Privatily is not obligated to send renewal reminders. Failure to receive a reminder does not relieve you of renewal responsibility. Failure to renew may result in immediate suspension or termination. Privatily is not liable for any consequences of your failure to renew on time.

17. Intellectual Property

We own all right, title, and interest in all intellectual property in the Services and websites. These Terms grant you no rights to our intellectual property. You may not copy, distribute, or modify any part of the Services without written consent. Ideas you submit are treated as gratuitous, unsolicited, and unrestricted.

18. Disclaimers and Limitation of Liability

18.1 General Disclaimer

The Services are provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose, non-infringement, and any guarantees regarding third-party services. We do not warrant that the Services will be accurate, reliable, uninterrupted, error-free, secure, or free of viruses.

18.2 Comprehensive Limitation of Liability

To the fullest extent permitted by applicable law, neither Privatily nor any of its directors, officers, employees, agents, affiliates, partners, contractors, or licensors shall be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, regardless of the legal theory or whether advised of the possibility of such damages.

Without limiting the foregoing, neither Privatily nor any member of its team shall be liable for any:

(a) Loss, damage, or destruction of any document, mail, correspondence, or legal notice, whether caused by Privatily, its Partners, postal services, couriers, or any other party;

(b) Failure, delay, error, or omission in the receipt, processing, scanning, forwarding, or delivery of any document, mail, or correspondence — whether such failure is attributable to a Partner, to Privatily itself, to Privatily’s internal processes or team members, to postal services, couriers, or any other party, and whether caused by negligence, human error, administrative oversight, technical failure, or any other reason;

(c) Default judgment, missed deadline, fine, penalty, loss of good standing, strike-off, dissolution, or any legal or regulatory consequence arising from any document delivery failure;

(d) Delay or failure by any government agency, bank, or third party to process filings, applications, or requests;

(e) Damage resulting from hacking, tampering, or unauthorised access to the Services or your account;

(f) Loss of revenue, profit, data, business opportunity, or goodwill;

(g) Any act or omission of any third-party provider, Partner, postal service, courier, government agency, bank, or other party.

To the maximum extent permitted by applicable law, Privatily’s total liability for all claims shall not exceed the amount you paid to Privatily for Services during the twelve (12) month period preceding your claim.

You expressly agree that no individual director, officer, employee, agent, or affiliate of Privatily shall bear any personal liability in connection with the Services, and you waive any right to pursue individual claims against any such person.

18.3 Responsibility for Regulatory Compliance

Clients are solely responsible for responding to all official government communications. Privatily does not act on your behalf in legal, tax, or regulatory matters and is not liable for missed filings, fines, or non-compliance.

18.4 Legal Communication Requirements

You must maintain a valid, monitored email address for receiving legal and regulatory communications. Privatily is not responsible for your failure to receive notices if you fail to maintain email access. Email constitutes valid communication for all matters under these Terms.

18.5 Client Legal Contact Responsibility

You must maintain a visible, active contact method on your company website or business listing. Privatily is not liable for missed correspondence due to absence or neglect of your publicly accessible contact method.

19. Indemnification

You agree to protect, defend, indemnify, and hold harmless Privatily and its directors, officers, employees, agents, affiliates, Partners, and licensors from and against any and all claims, liabilities, judgments, penalties, losses, costs, damages, and expenses (including reasonable attorneys’ fees) arising from:

(a) Any breach of your obligations under these Terms or the Privacy Policy.

(b) Your wrongful or improper use of the Services.

(d) Your violation of any applicable law, rule, or regulation.

(e) Any other party’s access to the Services using your account credentials.

(f) Any copyright claims arising from scanning of documents or mail on your behalf.

(g) Any failure of a third party, including postal or delivery services, to deliver accurately or on time.

(h) Any loss, damage, or destruction of your Legal Documents by any cause.

(i) Privatily or its Partners being named in any action based on registered agent or registered office status.

(j) Your failure to maintain updated information.

(k) Your failure to update company records following a change of address or registered agent by Privatily.

20. Termination

20.1 Termination by Privatily

We may suspend or terminate your access at any time for: failure to provide accurate information, inability to locate you, failure to pay, suspected illegal activity, or any violation of these Terms.

20.2 Termination by You

You may terminate by contacting [email protected] following the procedure in Section 3. Cancellation may require payment of past-due balances.

20.3 Effects of Termination

Upon cancellation or termination, you acknowledge and agree that:

(a) Privatily is released from any duty to notify you about lawsuits, mail, or correspondence that may continue to be received, even if Privatily’s or its Partners’ address remains on any corporate filing.

(b) Privatily may remove itself and its address from your records, which may cause your company to go into default or lose good standing.

(d) Anyone with access to your account is deemed authorised to cancel Services, and cancellation is binding on the company(ies).

(e) You waive any claims of statutory damages or tort claims related to terminated Services.

20.4 Legal Documents After Termination

If Legal Documents are received after termination, Privatily will email your last known address. To access them, you must reactivate your service or pay a per-document fee. Privatily has no obligation to forward documents after termination.

20.5 Waiver and Release

Upon termination, you waive and release Privatily from any obligation regarding documents received after your Service ended. You agree to hold Privatily harmless from any third-party claims arising from your failure to receive post-termination documents.

20.6 No Refunds for Registered Agent Services

We do not offer refunds for cancelled registered agent services. This Service is renewed annually and must be terminated before the renewal date to avoid charges.

21. Arbitration and Dispute Resolution

21.1 Amicable Resolution

You must first contact us at [email protected] following Section 3. We will attempt amicable resolution within 30 days. You agree to participate in good faith.

21.2 Mandatory Binding Arbitration

If not resolved amicably, the dispute will be resolved exclusively through binding arbitration. You waive your right to court trial. Arbitration will be conducted under the rules of the Canadian Arbitration Association or another body chosen by Privatily, in Canada, in English. The arbitrator will be selected by Privatily and will not award punitive damages or damages exceeding the amount paid for Services.

21.3 Class Action and Jury Trial Waiver

All disputes must be resolved individually. You waive your right to participate in class actions, collective, or consolidated proceedings, and to a jury trial.

21.4 Exceptions

Privatily may seek injunctive or equitable relief in court to protect its intellectual property or proprietary rights. Small claims may, at Privatily’s discretion, be handled in small claims court.

21.5 Confidentiality

All arbitration proceedings are strictly confidential. You may not disclose any aspect without Privatily’s written consent, unless required by law.

21.6 Costs and Fees

Each party bears its own costs. If Privatily prevails, you agree to reimburse all legal costs, arbitration fees, and related expenses.

21.7 Time Limitation

Any claim must be commenced within one (1) year after the cause of action accrues. For the purposes of these Terms, a cause of action is deemed to accrue on the date the event giving rise to the claim occurred — not on the date the client discovered or became aware of the event. For example, if a document was received by a Partner or by Privatily on a given date but was not forwarded to the client, the cause of action accrues on the date the document was received, not on the date the client learned of the failure. Claims not brought within this period are permanently barred.

21.8 Short Claims Window After Discovery

Notwithstanding Section 21.7, if you discover or become aware of any failure, error, omission, or delay by Privatily or its Partners in relation to any document, filing, or service, you must notify Privatily in writing at [email protected] within thirty (30) days of such discovery, following the notification and confirmation procedure in Section 3. If you fail to notify Privatily within 30 days of discovering or becoming aware of any such issue, you irrevocably waive any and all claims, rights, and remedies you may have in connection with that issue, regardless of the nature or severity of the consequences.

22. Force Majeure

Privatily shall not be liable for any cessation, interruption, or delay caused by events beyond its reasonable control, including but not limited to: natural disasters, epidemics, pandemics, war, terrorism, cyberattacks, government actions, changes in law, labour disputes, or any other force majeure event. If such an event continues for more than sixty (60) days, Privatily may terminate the affected Services without liability.

23. SMS/Text Messaging

By providing your mobile number and consenting to communications, you agree to receive SMS/text messages from Privatily, including service-related and promotional messages. Messages may be sent via automated systems. Frequency will not exceed one (1) per day. Standard rates apply. You may opt out at any time by contacting [email protected].

24. Severability, Waiver, and Assignment

24.1 Severability

If any provision is found unenforceable, the remaining provisions remain in full force.

24.2 Waiver

Privatily’s failure to enforce any provision does not waive its right to do so later.

24.3 Assignment

You may not assign your rights or obligations without Privatily’s written consent. Privatily may assign its rights to any successor without notice.

24.4 Business Sale or Transfer

If Privatily undergoes a sale, merger, or acquisition, all client relationships may transfer to the new owner without notice. Continued use constitutes acceptance of new ownership terms.

24.5 Service Discontinuation

If Privatily ceases to operate or discontinues services, it may provide courtesy recommendations of alternative providers. Such recommendations are not endorsements. You are solely responsible for selecting and contracting with any alternative. Privatily is not liable for delays, costs, or quality issues associated with switching providers.

25. Entire Agreement

These Terms, together with the Privacy Policy, Legal Disclaimer, Service Accessibility page, and KYC/AML Policy, constitute the entire agreement between you and Privatily. These Terms supersede all prior or contemporaneous agreements. These Terms create no third-party beneficiary rights.

26. Governing Law

These Terms 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.

27. Changes to the Terms

We may update these Terms at any time. The most current version will always be posted on our website. Continued use of the Services constitutes acceptance of any changes.

28. Contact Us

For questions or concerns about these Terms, please contact us:

Email: [email protected]
Website: www.privatily.com