TERMS OF SERVICE

PREAMBLE

Carbyn Sàrl (“Carbyn” or “we”) is a limited liability company (société à responsabilité limitée) incorporated under Swiss law, whose registered office is located Rue de Chantepoulet 10, c/o Calliopée Sàrl, 1201 Geneva, Switzerland, and registered with the Commercial Register of Geneva, under number CHE-155.200.477.

Carbyn is the operator of the website privie.io (the “Website”), which provides privacy- oriented services including PrivieControl, PrivieShare, PrivieCheck, and premium services such as PrivieGhost and PrivieClean.

Please read the following terms and conditions (the “Terms of Service” or “Terms”) carefully, as they governs the contractual relationship between you and us.

1. ACCEPTANCE OF TERMS

These Terms of Service are a legally binding agreement between Carbyn and every person accessing and/or using the Website and/or our services (the “Services”).

By visiting, viewing, accessing and/or using our Website, and any applicable subdomains thereof, or using, accessing and/or registering to our Services, whether as a guest or a registered user, you represent that you have read, understood, accepted and agreed to be bound by these Terms of Service. If you do not agree to these Terms of Service, or to any part thereof, you should immediately cease all use of our Website and Services.

These Terms of Service are a legally binding agreement between [Company Name] and every person accessing and/or using the Website and/or our services (the "Services").

2. CHANGE OF THE TERMS OF SERVICE

Carbyn reserves the right, in its sole discretion, to revise or modify these Terms of Service at any time. Any such modification shall be effective immediately upon posting by Carbyn on the Website. You are responsible for viewing these Terms of Service periodically.

Your continued use of the Website and/or our Services after a change or modification of these Terms of Service has been made will constitute your acceptance of the revised Terms. If you do not agree to the revised Terms, your sole remedy is to discontinue using the Website and the Service and to cancel any Account(s) (as defined below) you have created for use of the Service.

3. ELIGIBILITY

Our Website and Services are primarily intended for private individuals. In this respect, you accept and warrant that you are at least of legal age and of legal competence to enter into this agreement.

If you are using the Website and/or our Services on behalf of a company, business, or other (legal) entity, you represent that you have the legal authority to accept these Terms of Service on behalf of that entity, in which case that entity accepts these Terms of Service, and “you” means that entity.

4. DESCRIPTION OF THE SERVICES

The Company provides a suite of privacy-oriented services (collectively, the “Services”) through its Website. The Services include, but are not limited to:

4.1 PrivieControl

PrivieControl is a data privacy management service designed to assist users in exercising their rights under applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR). The service encompasses the following features:

  • a) Automated Personal Information Removal: The Company maintains a database of entities known or suspected to collect, share, or sell personal information for various purposes, including but not limited to statistical analysis and advertising. This database is tailored to the user's country of residence.
  • b) Data Deletion Requests: On behalf of the user, and with the user's explicit consent, the Company initiates requests for data deletion to the entities listed in its database, in accordance with the provisions of applicable data protection laws.
  • c) Privacy Policy Analysis: The service provides users with summarized and simplified versions of privacy policies for websites searched using the Company's proprietary search function.
  • d) Data Subject Access Requests: The service facilitates the process for users to request information about personal data held by companies identified through the Company's search tool.

4.2 PrivieShare

PrivieShare is a secure, ephemeral file and message sharing service with the following characteristics:

  • a) Encryption: All shared content is protected using end-to-end encryption protocols.
  • b) Access Control: The service generates unique, time-limited access links for shared content.
  • c) Authentication: Access to shared content is further secured through a user-generated passphrase, created via a proprietary image selection process.
  • d) Ephemerality: All shared content is automatically deleted after a predetermined period.
  • e) Account-Free Usage: The service can be utilized without the need for user registration.
  • f) Tiered Service Levels: i) Free Tier: Limited to sharing text content up to 100 characters or files up to 10 megabytes in size. ii) Paid Tier: Allows for sharing larger files up to 5 gigabytes and offers extended content retention periods.

4.3 PrivieCheck

PrivieCheck is a browser configuration analysis tool designed to assess and report on various aspects of a user's digital fingerprint, including but not limited to:

  • a) Browser tracking vulnerabilities
  • b) Geolocation data accessibility
  • c) IP address visibility
  • d) Browser and system specifications

4.4 Premium Services

The Company offers additional premium services, including but not limited to PrivieGhost and PrivieClean, which provide advanced features for digital footprint management and online anonymity enhancement. These services are subject to separate terms and conditions, which will be made available to users upon subscription to these premium offerings.

4.5 Service Limitations and Modifications

The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. The Company makes no guarantees as to the continuous availability of the Services or the accuracy of the information provided through the Services.

4.6 User Responsibilities

To facilitate the provision of certain Services, users may be required to provide personal information, including but not limited to email address, full name, telephone number, and postal address. Users are solely responsible for the accuracy and completeness of this information. The Company will use this information strictly for the purpose of executing the Services as described herein and in accordance with its Privacy Policy.

4.7 Compliance with Applicable Laws

While the Company strives to comply with applicable data protection laws, including the GDPR, in the provision of its Services, users acknowledge that the Company's ability to effect changes in third-party data practices is limited. The Company does not guarantee the compliance of third parties with data deletion or access requests initiated through its Services.

5. ACCOUNT INFORMATION

In order to use our Services, you are required to first create and register a user account by signing in via your e-mail address and a password (the “Account”) and pay the fees mentioned in Article 6. The following rules govern the security of your Account(s) and your Account information (the “Account Information”).

In this respect:

  • You are solely responsible for maintaining the confidentiality of your Account Information, including your login information, and you will be responsible for all uses of your Account Information (whether or not authorized by you);
  • You shall not share your Account or Account Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;
  • In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Account Information or unauthorized access to your Account, you must immediately notify us and modify your Account Information;
  • You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including, for the avoidance of doubt, actions taken by third parties;
  • You undertake to monitor your Account and restrict use by any individual barred from accepting these Terms and/or receiving the Service, under the provisions listed herein or any applicable law. You shall accept full responsibility for any unauthorized use of the Service by any of the above mentioned.

6. FEES AND PAYMENT

6.1. Fees

In return for the provision of the Services, the user may be required to pay a fee (the "Fee"), the amount of which, excluding applicable taxes, is defined as follows:

The Fee can be paid by means of the following payment methods: by credit card via Paddle or by cryptocurrency through our self-hosted payment system.

Payment is safely processed through Paddle for credit card transactions. For cryptocurrency payments, we use a self-hosted system with no intermediary.
In this respect, you agree:

  • (i) that the services of Paddle may be used to process transactions;
  • (ii) to review and be bound by Paddle’s terms of use and privacy policy;
  • (iii) to only provide valid and current information for yourself; and
  • (iv) that all payments made are final and non-refundable.

You acknowledge that you may need to hold, or register, an active account with the Payment Processor. We are not responsible or liable for any activities or conduct of a Payment Processor, and you agree that you shall have no claim, suit or demand of any kind, and by agreeing to these Terms, hereby irrevocably and completely waive any such claim, suit or demand of any kind, to the extent such may exist or hereafter arise, towards us and/or any other person or entity acting on our behalf, in connection with or related to the conduct or any act or omission of a Payment Processor.

Also, please note that In the event of charges billed to Carbyn by the latter’s bank for non- payment attributable to the user, said user will be billed for all such charges.

7. ACCOUNT TERMINATION

Carbyn has the right to refuse access to the Website and/or to the Services, and/or may terminate your Account, without any prior notice and for any reason, including but not limited to, suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Services, as determined by Carbyn in its sole discretion.

You may, at any time, terminate your Account and stop using the Services. Please note that if you choose to terminate your Account and/or delete it, we will no longer be able to provide you with the Services, and the information/data collected and processed in connection with the Services may be deleted and/or restricted.

8. CONDUCT AND USAGE

8.1. Acceptable Use

By using the Website and/or our Services, you represent and warrant that your use does not violate any applicable law or regulation, and you agree to comply with all local and international rules regarding online conduct, the transmission of content and the privacy of persons.

Without derogating the generality of the above, you undertake that you will not, and shall not permit or assist others to:

  • Use the Website in any way that causes, could be reasonably expected to cause, or is intended to cause damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
  • Use the Website to copy, store, upload, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojanhorse, worm, time bomb, cancelbot, keystroke logger, rootkit, corrupted files or data or any other similar malicious software or programs.
  • Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to our Website.
  • Republish material from the Website (including republication on another website).
  • Sell, rent, or sublicense material from the Website.
  • Reproduce, duplicate, copy, or otherwise exploit material on our Website for a commercial purpose.
  • Copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile, modify or alter any part of the Services.
  • Develop, support, or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Website or otherwise copy profiles and other data from the Website.
  • Violate or attempt to violate the Website’s security mechanisms, attempt to gain unauthorized access to the Website or assist others to do so, or otherwise breach the security of the Website or corrupt the Website in any way. You agree that you will not access the Website through unauthorized means, such as unlicensed software clients.
  • Create false personas, multiple identities, multiple Accounts (except for a bona fide purpose in order to acquire the Services), set up Account(s) on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Service is accessed.
  • Interfere with the ability of others to enjoy using the Website and/or Services, including disruption, overburden or aid the disruption or overburdening of the Services’ and/or the Website’s servers, or take actions that interfere with or materially increase the cost to provide the Services for the enjoyment of all its users.

We reserve the right to monitor use of the Website and to suspend, revoke, deny, disable or terminate your access to the Website and your Account(s) and prohibit you from using the Services, if you violate any provisions of these Terms of Service or if your behavior exceeds reasonable limits, as determined in our sole discretion. You agree that Carbyn does not need to provide you notice before terminating or suspending your Account(s), but it may provide such notice in its sole discretion.

8.2. Limitation of Use

You may use the Website for personal, lawful purposes only. You may not use the Website in any manner that (1) violates or infringes in any way upon the rights of others, (2) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, infringes copyright or trademark, or is otherwise objectionable, (3) encourages conduct that would constitute a criminal or other offense, (4) gives rise to civil liability, or (5) otherwise violates any applicable local, state, federal or international law or ordinance including any regulatory requirements, procedures or policies in force from time to time, or any right of any third party, including without limitation, any right of privacy or publicity. You also may not undertake any conduct that, in our judgment, restricts or inhibits any other user from using or enjoying the Website and/or our Services.

8.3. User Responsibility

You are responsible for obtaining and maintaining the equipment and connectivity services (e.g., telephone, cable, etc.) necessary to access and use the Website and for any charges, telephone or other, associated with connecting to the Internet to use the Website. Such charges may vary upon your location, access number and may include long distance telephone charges.

8.4. Indemnification

You agree to indemnify, defend and hold harmless Carbyn, its vendors and their respective agents, officers, employees, representatives and directors from and against all claims made against them by third parties, including any and all actions, suits, damages, claims, loss or liabilities (including, without limitation, attorneys’ fees), arising out of your use of the Website.

We reserve the right to assume and control the defense, direct the investigation, and control the settlement of each such claim.

9. INTELLECTUAL PROPERTY RIGHTS

The Website may contain a variety of copyright materials, such as text, graphics, algorithm(s), interfaces, photographs, audio, video, sounds, images, artwork, feedbacks, computer code (including html code and source code), databases, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Website (collectively, “Proprietary Materials”).

Carbyn’s Proprietary Materials are protected by applicable law, including without limitation, copyrights, patents, trademarks and trade secrets, and other intellectual property rights.. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Website, and not by or from any other site or means. The right of access to the Website does not grant to you any right to download or store any Proprietary Materials in any medium.

All title and intellectual property rights in and to the content of any third-party website, which may be linked to or viewed in connection with the Website is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws. These Terms of Service grant you no rights to use such content except as allowed by such third party. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Website that we believe (or are notified) may infringe on the rights of others.

10. LIMITATION OF LIABILITY

With respect to the providing of the Services and the functioning of the Website, Carbyn has an obligation of means and not of results.

Carbyn shall not be liable for any error, omission, interruption, deletion of any defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of communication with an user.

Carbyn reserves the right to temporarily suspend access to the Services for technical or maintenance reasons without entitlement to any compensation. Carbyn undertakes to limit this type of interruption to the maximum of its means.

Use of the Website and/or Services may give rise to links to content published by third parties. It is specified in this respect that Carbyn does not guarantee the accuracy, relevance or exhaustiveness of the content published by others, nor can it be held responsible for all or part of said content.

In any case, your use of the Website and/or the Services is at your sole risk. The Website is provided “as is”, “with all faults” and “as available” for your use, and Carbyn exempts itself from any liability to the fullest extent permitted by applicable law.

11. THIRD PARTY MATERIALS

You may be able to access, review, display or use third party service, resources, content, data, information, software code and/or links to other websites or resources ("Third Party Materials") via the Services. You acknowledge sole responsibility for and assume any and all risks arising from your access to, use of or reliance upon any such Third Party Materials, and we disclaim any liability that you may incur arising from your access to, use of or reliance upon such Third Party Materials.

You acknowledge and agree that Carbyn:

  • (i) is not responsible for the availability, accuracy integrity, quality or lawfulness of such Third Party Materials or the products or service on or available from such Third Party Materials;
  • (ii) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; and
  • (iii) does not make any promises to remove Third Party Materials from being accessed through the Services.

Your ability to access or link to Third Party Materials or third-party service does not imply any endorsement by Carbyn of Third Party Materials or any such third party service.

These Terms do not authorize you to, and you may not use any Third Party Materials except as expressly permitted (by license or otherwise) by the owners of such Third Party Materials and such owners may have the right to seek damages against you for any unauthorized use of their Third Party Materials. Without derogating from any of Carbyn's rights and remedies under these Terms and/or under law, Carbyn will be entitled, at its sole discretion, to immediately discontinue the Services or any part thereof, including the termination of your Account, in the event of any alleged infringement, misappropriation or violation of any rights of any third parties in connection with the Third Party Materials. You may not use any Third Party Materials for which you have not obtained appropriate approval to use.

12. CHANGES TO THE WEBSITE

We have the right at any time to change, modify, add to, or discontinue or retire any aspect or feature of the Website (and/or the Services) including, but not limited to, Website, server availability, hours of availability, equipment needed for access or use, the update frequency, or the availability of the Website on any particular device or communications service. We may provide different users with different levels of service or service features, availability, or cease to provide service to some or all users. We have no obligation to provide you with prior notice of any such changes.

13. MISCELLANEOUS

13.1. Severability

If any provision of these Terms of Service is found to be illegal, invalid, void or unenforceable in whole or in part, then that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions of these Terms of Service.

13.2. Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Service.

Carbyn may transfer, assign, sublicense, or pledge in any manner whatsoever, any of its rights and obligations under these Terms of Service to a subsidiary, affiliate, successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

13.3. Notices

By creating and registering your Account, you consent to receive electronically from us any notices, agreements, disclosures, reports, documents, communications, or other records (collectively, the "Notices"). You agree that we can send you electronic Notices in the following way: to the e-mail address that you provided to Carbyn during registration.

The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery.

14. APPLICABLE LAW AND JURISDICTION ELECTION

These Terms of Service and the relationship between you and Carbyn shall be governed by and construed under the laws of Switzerland, excluding any applicable conflict of laws rules.

Any dispute, claim, question, etc. that may arise in connection with these Terms of Service or from your use of the Website and/or the Services will be submitted exclusively to the competent courts of the canton of Geneva, an appeal to the Swiss Federal Tribunal being reserved.