Terms of Service

Last Updated: March 12, 2026

These Terms of Service (“Terms” or “Agreement”) govern your access to and use of the PrivacyHawk software, mobile applications, website (privacyhawk.com), and related services (collectively, the “Services”) provided by PrivacyHawk Inc., a Delaware corporation (“PrivacyHawk,” “we,” “us,” or “our”).

By clicking “I Accept,” creating an account, accessing, or using the Services, you (“you” or “User”) agree to be bound by these Terms and all incorporated policies. If you do not agree to these Terms, you may not access or use the Services. Your continued use of the Services after any modifications to these Terms constitutes acceptance of such modifications.

We may modify these Terms at any time by posting revised Terms on our website or providing notice through the Services at least thirty (30) days before the changes take effect, unless a shorter period is required or permitted by Applicable Law. Your continued use of the Services after the effective date of changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you may terminate your account before the effective date. We will provide notice of material changes via email or through the Services.

1. TERMS AND POLICIES

Your use of the Services is governed by (a) these Terms; (b) our Website Terms of Use located at PrivacyHawk.com/terms/; and (c) our Privacy Policy located at PrivacyHawk.com/privacy/. These documents are incorporated by reference and together constitute the entire agreement between you and PrivacyHawk. In the event of any conflict between these Terms and the Website Terms of Use or Privacy Policy, these Terms shall control except with respect to data privacy matters, in which case the Privacy Policy shall control.

2. DEFINITIONS

In these Terms, the following terms have the following meanings:

“Access Credentials” means the user identifiers, passwords, and other authentication credentials used to access the Services.

“Aggregated Data” means data derived from User Data or Personal Information that has been combined with data from other sources or users and processed such that the resulting information does not identify and cannot reasonably be used to identify you or any individual.

“Applicable Privacy Laws” means all laws, regulations, rules and guidance pertaining to privacy, data processing and data protection applicable to our Processing of Personal Information in connection with our provision of the Services. Terms defined under Applicable Privacy Laws shall have the meanings given under those laws unless otherwise defined herein.

“Deidentified Data” means information that cannot reasonably be used to infer information about, or otherwise be linked to, an identified or identifiable individual or household, provided that we: (a) have implemented reasonable technical safeguards designed to prevent re-identification and any inadvertent release of deidentified information; (b) do not attempt to re-identify the information; and (c) contractually require any recipient of such information to comply with the same restrictions.

“Feedback” means all suggestions, input, information, comments, or other feedback you provide to us with respect to the Services or our business, but excludes User Data.

“Fees” means the amounts you pay to us in consideration for the Services we provide to you hereunder, as described on our pricing page.

“Harmful Code” means any software, hardware or other technology, device or means, including any virus, worm, malware or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any computer, software, firmware, hardware, system or network or any application or function thereof.

“Intellectual Property Rights” means all intellectual property and other proprietary rights of a party, including, without limitation, all rights provided under trade secret law, patent law, copyright law, trade mark or service mark law, design patent or industrial design law, semi-conductor chip or mask work law, and any other statutory provision or common law principle which may provide a right in either ideas, formulae, algorithms, concepts, inventions, designs or know-how, whether registered or not and including all applications therefor.

“Applicable Law” means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or other requirement of any federal, state, local, or foreign government or political subdivision thereof, or any arbitrator, court, or tribunal of competent jurisdiction.

“Personal Information” means (a) information about an identified or identifiable individual; (b) any information that when combined with such individually identifiable information identifies an individual; or (c) information that is otherwise protected under Applicable Privacy Laws.

“PrivacyHawk Site” means https://privacyhawk.com/ including all subdomains and as the same may be updated from time to time.

“Process”, “Processing”, and “Processed” have the meanings given under Applicable Privacy Laws.

“Services” means the software applications and other software and services, and all modifications thereto, as may be subscribed to, purchased, or otherwise used by you, whether through the PrivacyHawk Site or otherwise.

“Subscription” means your paid Subscription to the Services for a specified term (monthly, annually, or otherwise) as selected during Account creation or renewal.

“Third-Party Provider” means providers of cloud hosting, payment processing, data, monitoring services, and insurance carriers that are part of or otherwise used in connection with the Services.

“Third-Party Services” means websites, content, applications, or other services offered by a third-party.

“Usage Data” means operational, diagnostic, and usage information generated from your use of the Services that does not identify you or any individual and does not include User Data.

“User Data” means information, data and other content, but excluding Usage Data, in any form or medium, which (a) you upload or transmit directly or indirectly to us by or through the Services; (b) is directly output from the Processing of such information, data or content by or through the Services; or (c) is created by you and maintained by you within the Services. For clarity, User Data includes Personal Information.

Other terms are defined elsewhere in the text of these Terms.

3. ACCOUNT CREATION AND TERMINATION

To access and use the Services, you must create and maintain an account and provide accurate, current, and complete information, which you agree to keep updated at all times. You must be at least eighteen (18) years of age and a resident of the United States to create an account. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account, whether or not authorized by you, and you agree to promptly notify PrivacyHawk of any unauthorized access to or use of your account. You may close your account at any time through your account settings or by contacting support@privacyhawk.com; however, closing your account does not relieve you of any payment obligations incurred prior to such closure or any other obligations that by their nature survive termination. PrivacyHawk may suspend or terminate your account as provided in Section 8. Upon closure or termination of your account for any reason, your right to access and use the Services will immediately terminate. PrivacyHawk may retain or delete your User Data following account closure or termination in accordance with its data retention practices described in the Privacy Policy and Section 9.

4. Fees and Payment

4.1. Fees

You agree to pay all Fees for the Services you subscribe to or purchase. Current Fees and subscription plans are available at www.privacyhawk.com/pricing. All Fees are in United States Dollars and are exclusive of all taxes. We may change our Fees at any time by posting new Fees on our pricing page or providing notice through the Services. Fee changes will not apply to your current Subscription period but will take effect upon your next Subscription renewal. If you do not agree to a Fee increase, you may cancel your Subscription before the renewal date as described in Section 4.7.

4.2. Payment Authorization

By providing payment information, you authorize us (and our third-party payment processors) to charge all Fees to your designated payment method. You must keep your payment information current and accurate.

4.3. Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME DURATION AS YOUR INITIAL SUBSCRIPTION TERM (E.G., MONTHLY OR ANNUALLY) UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. You authorize us to charge your payment method for each renewal period at the then-current Fees. We will provide you with notice of the amount and date of each automatic renewal charge in advance, as required by Applicable Law. You may cancel automatic renewal at any time through your account settings or by contacting support@privacyhawk.com.

4.4. Refund Policy

EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION OR AS REQUIRED BY LAW, ALL FEES ARE NON-REFUNDABLE. We do not provide refunds or credits for partial subscription periods, unused Services, or if you choose to terminate these Terms. If you are not satisfied with the Services, you may cancel your Subscription at any time, and the cancellation will take effect at the end of your current billing period. Notwithstanding the foregoing, if we materially breach these Terms and fail to cure such breach within thirty (30) days of receiving written notice from you, you may terminate these Terms and receive a pro-rated refund of any prepaid Fees for the unused portion of your Subscription period.

4.5. Late Payment

If any payment is past due, we may (in addition to exercising our suspension and termination rights): (a) suspend or terminate your access to the Services; and (b) charge interest at the rate of 1.5% per month, or the maximum amount allowed under Applicable Law, whichever is greater, on all amounts due and unpaid.

4.6. Taxes

Fees do not include any sales, use, value-added, goods and services, or other transaction taxes, levies, duties, or similar governmental charges (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchase and use of the Services, except for taxes based on our net income, gross receipts, property, or employment. If we are required to collect or pay Taxes for which you are responsible, the appropriate amount will be invoiced to and paid by you. You must provide us with any tax identification information or certifications that we reasonably request to comply with Applicable Law.

4.7. Cancellation

You may cancel your Subscription at any time by visiting your account settings and following the cancellation instructions, or by contacting us at support@privacyhawk.com. If you cancel, your Subscription will remain active until the end of your current billing period, after which it will not renew. You will not receive a refund for the current billing period except as provided in Section 4.4. To avoid being charged for the next billing period, you must cancel before your renewal date.

5. Your Obligations and Restrictions

5.1. Compliance Requirements. You acknowledge and agree that you shall:

Comply with all Applicable Law when using the Services;
Obtain all necessary rights, licenses, and consents to provide any data or content to the Services;
Use the Services only for lawful purposes and not violate any third-party rights;
Obtain and maintain all necessary licenses, consents, and permissions necessary for us and our contractors and agents to perform our obligations under these Terms; and
Provide us with all reasonably requested cooperation and assistance to enable us to exercise our rights and perform our obligations under these Terms.

5.2. Prohibited Uses. You may not, and may not permit any third party to:

Use the Services in any way that could damage, disable, overburden, or impair the Services or interfere with any other party’s use of the Services;
Attempt to gain unauthorized access to the Services, related systems, servers, or networks connected to the Services;
Upload, transmit, or distribute any viruses, malware, Harmful Code, or other malicious software;
Interfere with, disrupt, or attempt to circumvent any security-related features of the Services;
Use any automated means (including bots, scrapers, crawlers, or spiders) to access the Services except as we explicitly permit;
Collect, harvest, or compile information about other users without their consent;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Share your account credentials with others or allow others to access your account;
Use the Services for unauthorized commercial purposes or to directly or indirectly compete with us;
Upload, post, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
Upload, post, or transmit content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Frame or mirror any part of the Services without our express prior written consent;
Use the Services to submit privacy requests on behalf of Third-Parties without proper legal authorization;
Provide false information or impersonate others when submitting privacy requests;
Use the Services to harass, threaten, or abuse data brokers or other entities;
Submit frivolous, repetitive, or bad-faith privacy requests;
Use the Services in any manner that could interfere with privacy rights enforcement or damage the reputation of privacy rights generally;
Attempt to overwhelm or abuse data broker systems through the Services;
Use the Services for any illegal purpose, including fraud or identity theft;
Share or resell access to the Services; or
Use the Services in any manner that could subject PrivacyHawk to regulatory action or liability.

5.3. Intellectual Property Restrictions. You acknowledge and agree that you will not:

Copy, modify, or create derivative works of the Services;
Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services;
Remove any proprietary notices from the Services;
Access the Services to build a similar product or service or to copy any features, functions, or graphics;
Rent, lease, sell, sublicense, distribute, or otherwise transfer access to the Services; or
Violate our Intellectual Property Rights or other proprietary rights or the Intellectual Property Rights or other proprietary rights of our affiliates or Third-Party Providers.

5.4. Your Responsibility. You acknowledge and agree that you are solely responsible for:

Your use of the Services and compliance with these Terms;
All activity under your account;
All decisions, conclusions, or actions you take based on the Services;
Maintaining the confidentiality of your Access Credentials;
Maintaining accurate contact information in your account to receive important notices;
Backing up any User Data you wish to retain, as we are not responsible for loss of User Data;
Obtaining, maintaining, and securing the computer-based systems, internet connectivity, and other infrastructure necessary to access and use the Services;
Providing and maintaining accurate, current, and complete information (including Personal Information) used for privacy requests, identity monitoring, account verification, and all other aspects of the Services;
Promptly updating your information when it changes;
Ensuring you have legal authority to provide all information and authorize its use for the Services; and
All use of your account by others, whether authorized or unauthorized, including any unauthorized access resulting from failure to maintain the security of your Access Credentials.

YOU MAY NOT USE THE SERVICES EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS. YOU ARE SOLELY RESPONSIBLE FOR: (A) MAINTAINING THE SECURITY AND CONFIDENTIALITY OF YOUR ACCOUNT AND ACCESS CREDENTIALS; (B) ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT, WHETHER AUTHORIZED OR UNAUTHORIZED; (C) THE ACCURACY, COMPLETENESS, AND TIMELINESS OF ALL INFORMATION YOU PROVIDE TO THE SERVICES; (D) YOUR COMPUTER-BASED SYSTEMS AND ALL EQUIPMENT, SOFTWARE, AND INTERNET CONNECTIONS NEEDED TO ACCESS THE SERVICES; (E) ALL USE OF THE SERVICES BY ANY PERSON THROUGH YOUR ACCOUNT OR COMPUTER-BASED SYSTEMS; AND (F) PROMPTLY NOTIFYING US OF ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR ACCOUNT.

5.5. Accuracy of Information.

You are solely responsible for the accuracy, completeness, timeliness, and legality of all information you provide to the Services, including without limitation Personal Information used for privacy requests, identity monitoring, account verification, and communications with Third-Parties. You represent and warrant that: (a) all information you provide is true, accurate, current, complete, and not misleading; (b) you will promptly update your information when it changes or upon our request; (c) you have full legal authority to provide the information and authorize its use for all purposes contemplated by these Terms; (d) the information does not violate any third-party rights or Applicable Law; (e) you will not provide false, misleading, fraudulent, or incomplete information; and (f) you understand that providing inaccurate information may constitute a breach of these Terms and may result in account termination. We rely entirely on the accuracy of your information to provide the Services. Inaccurate, incomplete, outdated, or misleading information may result in failed privacy requests, monitoring errors, service interruptions, erroneous identity theft alerts, ineffective data removal, or other service failures. WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES, DAMAGES, OR LOSSES RESULTING FROM INACCURATE, INCOMPLETE, OUTDATED, OR MISLEADING INFORMATION YOU PROVIDE, INCLUDING WITHOUT LIMITATION FAILED PRIVACY REQUESTS, MISSED IDENTITY THEFT ALERTS, CONTINUED DATA EXPOSURE, OR ANY OTHER SERVICE LIMITATIONS.

5.6. Authorized Agent Designation.

By creating an account or using the Services, you designate and authorize PrivacyHawk to act as your authorized agent, designated agent, or representative (as those terms are defined under Applicable Privacy Laws, including the California Consumer Privacy Act and similar state laws) to exercise privacy rights on your behalf. This authorization includes the authority for PrivacyHawk to identify organizations that may maintain your Personal Information and to submit, manage, and follow up on requests to access, delete, correct, or limit the use or disclosure of your Personal Information, or to opt out of the sale, sharing, or targeted advertising use of your Personal Information. You authorize PrivacyHawk to communicate with data brokers, businesses, and other entities that may maintain your Personal Information; provide verification information reasonably required to process such requests; complete forms, attestations, and authorizations required by such entities; and take other actions reasonably necessary to submit, verify, monitor, and process privacy rights requests on your behalf. Where appropriate and consistent with Applicable Law, PrivacyHawk may also submit appeals, follow-up requests, or regulatory complaints relating to such privacy rights requests. You represent and warrant that (a) you have the legal authority to provide the Personal Information you submit through the Services and that such information pertains to you; (b) you have the legal authority to appoint PrivacyHawk as your authorized agent for the purposes described in these Terms; (c) all information you provide through the Services is true, accurate, current, and complete and you will promptly update such information if it changes; and (d) you will not use the Services to submit privacy requests on insurance of any third party unless you have valid legal authorization to do so. You acknowledge that data brokers and other entities may require additional verification directly from you, and you agree to reasonably cooperate with such verification requests. This authorization remains in effect for the duration of your use of the Services unless revoked by written notice to PrivacyHawk, and any revocation will not affect the validity of requests submitted prior to such revocation. You further authorize PrivacyHawk to provide to businesses, data brokers, and other entities any information reasonably necessary to verify your identity and process privacy rights requests submitted on your behalf, including Personal Information you provide through the Services and any declarations or attestations confirming PrivacyHawk’s authority to act as your authorized agent, and you agree that PrivacyHawk may represent to such entities that you have authorized PrivacyHawk to submit such requests and that you will reasonably cooperate with any additional verification procedures required to process them.

5.7. Results May Be Limited.

You acknowledge and agree that PrivacyHawk’s ability to exercise privacy rights requests on your behalf depends on the cooperation of third parties, applicable legal requirements, and technical limitations beyond PrivacyHawk’s control, and that PrivacyHawk cannot and does not guarantee any particular outcome, including that any data broker, business, or other entity will honor a request, that any Personal Information will be permanently deleted, suppressed, or corrected, or that such information will not later reappear or be reacquired. You further acknowledge that some data brokers or businesses may refuse or limit requests based on legal exemptions, verification requirements, operational limitations, or their internal policies; that processing times may vary significantly and may take weeks or months; that you may be required to provide additional verification or documentation directly to data brokers or businesses; that removal from one database or service does not prevent the same information from appearing in other databases or services; that data brokers or other entities may reacquire information from public records, data partners, or other sources after removal; and that the Services cannot remove information from all possible sources or prevent future collection, publication, or sharing of your information by third parties.

5.8. Identity Monitoring Disclaimer.

Certain subscription tiers may include identity monitoring services provided by third-party monitoring providers that scan for potential misuse of your Personal Information on a limited set of data sources. You acknowledge and agree that: (a) identity monitoring services are provided on a “best efforts” basis and cannot and will not detect all instances of identity theft, fraud, or misuse; (b) monitoring is limited to data sources and databases accessible to our third-party monitoring providers and does not cover all possible sources where your information may appear or be misused; (c) monitoring alerts depend entirely on the availability, accuracy, timeliness, and completeness of third-party data sources, which are outside our control; (d) there may be significant delays between when misuse occurs and when it appears in monitored databases and when we are able to detect and alert you; (e) we do not and cannot guarantee that monitoring will prevent identity theft, detect all fraudulent activity, or provide timely alerts; (f) monitoring is a supplemental tool only and does not replace your own responsibility to monitor your financial accounts, credit reports, and other personal information; (g) monitoring services do not include identity theft resolution, remediation, restoration, or recovery services unless explicitly stated in your Subscription plan details; (h) we have no control over and are not responsible for the performance, accuracy, or availability of third-party monitoring providers; (i) we are not liable for any identity theft, fraud, financial losses, or damages of any kind that occur despite monitoring services or result from monitoring failures, delays, or inaccuracies; and (j) the effectiveness of monitoring depends in part on the accuracy and completeness of information you provide to us. Identity monitoring is a tool to help you detect potential issues, but it is not a guarantee of protection or detection.

5.9. Identity Theft Insurance Disclaimer.

Certain subscription tiers may include access to identity theft insurance coverage underwritten and provided by a third-party insurance carrier. You acknowledge and agree that: (a) PrivacyHawk is not an insurance company and does not provide insurance coverage; (b) all insurance coverage is subject to the terms, conditions, exclusions, and limitations of the insurance policy issued by the third-party insurer; (c) coverage is only available while you maintain an active, paid subscription to an eligible plan; (d) PrivacyHawk makes no representations or warranties regarding insurance coverage, claims, or the insurer’s obligations; (e) you must review the insurance policy documents for complete terms and coverage details; (f) claims must be submitted directly to the insurer in accordance with the policy requirements; (g) the insurer has sole discretion over coverage determinations, claim approvals, and benefit payments; (h) PrivacyHawk is not responsible for any denial of coverage, claim disputes, or insurer decisions; and (i) PrivacyHawk’s liability does not extend to any insurance-related matters. For complete insurance policy terms, coverage limits, exclusions, and claims procedures, please refer to the policy documents provided by the insurer or contact the insurer directly.

5.10. Account Security.

You must keep your Access Credentials confidential and secure. You are solely responsible for all activity under your account. You must notify us immediately at support@privacyhawk.com of any unauthorized use of your account or any other security breach.

5.11. Corrective Action.

If you become aware of any actual or threatened activity prohibited by these Terms, you must immediately: (a) take all reasonable and lawful measures within your control necessary to stop the activity or threatened activity and to mitigate its effects; and (b) notify us at support@privacyhawk.com.

5.12. Enforcement.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Section 5, including removing content from the Services, suspending or terminating the account of such violators, and reporting conduct to law enforcement authorities. We are not responsible or liable for any delay or failure of performance caused in whole or in part by your delay in performing, or failure to perform, any of your obligations under these Terms.

5.13. Content Monitoring.

We have no obligation to monitor access to or use of the Services or to review or edit any content, but we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with Applicable Law. We may remove any content that violates these Terms at any time, without notice.

5.14. Modifications to Services.

We may modify, update, or discontinue any aspect of the Services at any time, with or without notice, in its sole discretion. We have no liability for any such modifications or discontinuation. We may, in our sole discretion, make available, for additional fees, additional or wholly new modules, services and products that have materially different functionality from the Services.

5.15. Third-Party Services.

The Services may integrate with or allow you to access various Third-Party Services. Third-Party Services are provided “as is” without any warranties from us. We do not control, endorse, sponsor, recommend, or assume responsibility for any Third-Party Services. Your use of Third-Party Services is entirely at your own risk and subject to the third party’s terms and policies. We have no obligation to support, maintain, or update integrations with Third-Party Services, and such integrations may be discontinued at any time. We are not responsible for any harm, loss, or damage arising from Third-Party Services, including data brokers’ refusal to honor removal requests, delays in processing requests, or re-acquisition of your data after removal.

5.16. Third-Party Providers and Dependencies.

The Services rely on Third-Party Providers, data sources, application programming interfaces, and various infrastructure. You acknowledge and agree that: (a) we have no control over Third-Party Providers, policies, availability, or performance; (b) Third-Party Provider service interruptions, changes, or discontinuation may affect the Services; (c) we are not responsible for third-party actions, omissions, errors, or failures; (d) third-party terms and privacy policies apply to their respective services; (e) we may change, add, or remove Third-Party Providers at any time without notice; and (f) our liability does not extend to third-party conduct or service failures. Your use of the services of Third-Party Providers integrated with our Services is at your own risk.

5.17. Your Representations and Warranties.

You represent and warrant that: (a) you are at least 13 years old, a resident of the United States, and have the legal capacity to enter into these Terms; (b) all information you provide to us is and will remain accurate, current, and complete; (c) your use of the Services will not violate any Applicable Law or third-party rights; (d) you have all rights and have fulfilled all legal obligations necessary to provide us data for Processing in compliance with these Terms; (e) you own or control all personal information you provide to us or authorize us to collect on your behalf, and you have the legal right to authorize us to submit requests regarding such information; (f) you have the authority to appoint PrivacyHawk as your authorized agent, designated agent, or representative for purposes of submitting privacy rights requests (including opt-out, deletion, access, correction, and other requests) to data brokers, companies, and other third parties as provided by the Services, and to take all actions reasonably necessary to effectuate such requests; (g) you understand that by using the Services, you are authorizing PrivacyHawk to act on your behalf and make representations to Third-Parties regarding your identity and privacy rights; (h) you will not use the Services in any manner that could damage, disable, overburden, or impair our systems or interfere with any third-party’s use of the Services; (i) you will not use the Services to submit false, fraudulent, or harassing requests; and (j) you acknowledge that privacy rights requests may require you to provide additional verification information directly to data brokers or other Third-Parties, and you agree to reasonably cooperate with such verification processes.

6. MOBILE APPLICATIONS

If you access the Services through a mobile application downloaded from the Apple App Store or Google Play Store (“Mobile App”): (a) you acknowledge and agree that these Terms are solely between you and PrivacyHawk, not with Apple Inc. or Google LLC (each, an “App Store Provider”), and that the App Store Providers have no responsibility for the Mobile App or its content; (b) the Mobile App is licensed, not sold, to you for use strictly in accordance with these Terms and the applicable App Store Provider’s terms of service; (c) your use of the Mobile App must comply with the applicable App Store Provider’s terms of service and usage rules; (d) you acknowledge that the App Store Providers have no obligation to provide any maintenance or support services with respect to the Mobile App; (e) to the maximum extent permitted by Applicable Law, the App Store Providers will have no warranty obligation whatsoever with respect to the Mobile App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility; (f) the App Store Providers are not responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including product liability claims, claims that the Mobile App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and intellectual property infringement claims; (g) in the event of any third-party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, we, not the App Store Providers, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim; (h) the App Store Providers and their subsidiaries are third-party beneficiaries of these Terms with respect to the Mobile App, and upon your acceptance of these Terms, the App Store Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third-party beneficiaries thereof; and (i) we, not the App Store Providers, are solely responsible for the Mobile App and its content, including maintenance, support, and addressing any claims.

7. UPDATES AND MAINTENANCE

We may perform scheduled or unscheduled maintenance, repairs, or updates to the Services at any time, which may temporarily make the Services unavailable or limit functionality. We will attempt to provide advance notice of scheduled maintenance when practicable, but have no obligation to do so. We have no liability for any disruption, downtime, or unavailability of the Services resulting from maintenance, updates, or repairs.

8. TERM AND TERMINATION

These Terms begin when you first access or use the Services and continue until terminated by either party as provided herein. If you purchase a subscription, it will commence on your purchase date and continue for the initial subscription period you selected (monthly or annual). YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS EQUAL TO THE INITIAL SUBSCRIPTION TERM AT THE THEN-CURRENT SUBSCRIPTION RATE UNLESS YOU CANCEL BEFORE THE RENEWAL DATE. We will charge your payment method on file at the start of each renewal period. You may cancel your Subscription at any time through your account settings or by contacting us at support@privacyhawk.com. Cancellation will be effective at the end of your current billing period. You will not receive a refund for the current billing period, but you will retain access to the Services through the end of that period.

8.1. Termination

(a) By You: You may terminate these Terms at any time by closing your account through your account settings or by contacting support@privacyhawk.com. Termination will be effective at the end of your current billing period. You remain responsible for all Fees incurred prior to termination. Except as otherwise required by Applicable Law or as expressly stated in our refund policy (if any), no refunds will be provided for any unused portion of your Subscription, and you will retain access to paid features through the end of your current billing period.

(b) By Us: We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including if: (i) you breach these Terms; (ii) your account remains inactive for 12 consecutive months; (iii) we discontinue the Services (in whole or in part), provided that if you have a paid Subscription, we will provide you with a pro-rata refund for any prepaid Fees covering the period after discontinuation; (iv) we determine, in our sole discretion, that providing Services to you creates risk or legal exposure for us, including but not limited to risk of regulatory action, litigation, or violation of third-party terms of service; (v) you become subject to bankruptcy proceedings; (vi) we are required to do so by Applicable Law; (vii) we reasonably believe your account has been compromised or is being used fraudulently; (viii) you engage in any activity that interferes with or disrupts the Services or our systems; or (ix) we determine that continued provision of Services would be commercially impracticable. We may also terminate free accounts at any time for any reason without notice or liability.

8.2. Suspension

We may immediately suspend or disable your access to the Services, without notice or liability, if: (a) you materially breach any provision of these Terms; (b) your account is past due on any payment; (c) we reasonably believe suspension is necessary to protect the Services, our systems, other users, or to comply with Applicable Law; or (d) your use of the Services is creating a security risk. We have no obligation to provide advance notice of suspension. During any suspension not caused by your breach or non-payment, Fees will be prorated or credited for the period of suspension. During any suspension caused by your breach or non-payment, you remain responsible for all Fees. We will use reasonable efforts to notify you after suspension takes effect and to work with you to resolve the issue(s) causing suspension.

8.3. Effect of Termination

Upon termination or expiration of these Terms: (a) your right to access and use the Services immediately terminates; (b) you must immediately cease all use of the Services; (c) you remain responsible for all Fees incurred through the date of termination; (d) we may delete your User Data in accordance with our data retention policies; and (e) any ongoing privacy requests or data removal requests submitted on your behalf may be cancelled or discontinued at our discretion, and we have no obligation to complete or monitor such requests after termination.

WE HAVE NO OBLIGATION TO RETAIN OR PROVIDE YOU WITH ANY USER DATA AFTER TERMINATION. YOU ARE SOLELY RESPONSIBLE FOR EXPORTING OR SAVING ANY INFORMATION, REPORTS, OR DATA YOU WISH TO RETAIN BEFORE TERMINATION. FOLLOWING TERMINATION, WE MAY DELETE YOUR ACCOUNT AND ALL ASSOCIATED DATA WITHOUT FURTHER NOTICE.

Notwithstanding the foregoing, we may retain: (i) User Data solely to the extent and only for so long as required by Applicable Law, or as necessary to resolve disputes, enforce these Terms, or comply with legal process; (ii) User Data in our backups, archives and disaster recovery systems until such User Data is deleted in the ordinary course; and (iii) any Aggregated Data or Deidentified Data created during the Term, which we may use for any purpose in perpetuity.

8.4. Survival

The following provisions survive any termination or expiration of these Terms: Sections 8.3 (Effect of Termination), 9.6.2 (License to PrivacyHawk), 10.1 (Proprietary Rights), 10.3 (Disclaimers), 10.4 (Limitation of Liability), 10.5 (Indemnification), 11 (DMCA Copyright Policy), 12 (Miscellaneous), and any other provisions that by their nature should survive, including all payment obligations and any obligations related to Aggregated Data, Deidentified Data, or Feedback. All payment obligations survive termination to the extent such amounts are due and owing as of the date of termination.

8.4.1. Security

We have implemented and maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of User Data. HOWEVER, NO SECURITY SYSTEM IS IMPENETRABLE, AND WE CANNOT AND DO NOT GUARANTEE THE SECURITY OF USER DATA OR THAT UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES WILL NEVER OCCUR. You acknowledge and agree that you provide User Data at your own risk. We will comply with all Applicable Law including Applicable Privacy Law in our provision of the Services. You are responsible for your own compliance with all Applicable Law.

8.4.2. Personal Information

We acknowledge that User Data may include Personal Information. Our Processing of Personal Information is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Services, you consent to such Processing.

8.4.3. Privacy Compliance

With respect to any Personal Information we Process in connection with the Services, you acknowledge and agree that: (a) we Process Personal Information as a service provider, processor, or contractor (as defined under Applicable Privacy Laws) on your behalf and pursuant to your instructions as set forth in these Terms; (b) we Process Personal Information for the specific purposes of performing the Services, including submitting privacy rights requests to third parties on your behalf, and for other permitted business purposes including product improvement, fraud prevention, analytics, and service enhancement; (c) we will not sell or share your Personal Information as those terms are defined under Applicable Privacy Laws; and (d) we may create and use Deidentified Data or Aggregated Data derived from User Data for any business purpose, provided such data cannot reasonably be used to identify you or any individual. Our Processing of Personal Information is further described in our Privacy Policy, which is incorporated into these Terms by reference.

8.4.4. Privacy Requests

We will reasonably cooperate with and provide such information as you may reasonably request to help you fulfill requests of individuals to exercise their rights under Applicable Privacy Laws, including, without limitation, requests to access, delete, opt out of the sale of, or receive information about the processing of, Personal Information pertaining to them, subject to our verification procedures and legal limitations. We may engage Third-Party Providers as subprocessors in connection with the Services provided that we remain responsible for their compliance with these Terms and Applicable Privacy Laws.

8.4.5. Usage Data

We may collect and use Usage Data generated from your use of the Services for the purpose of operating, maintaining, improving, and supporting the Services. To the extent Usage Data includes Personal Information, we shall Process such Personal Information solely as necessary to provide the Services and in accordance with these Terms and Applicable Privacy Laws. We may create and use Aggregated Data and Deidentified Data derived from Usage Data and User Data for analytics, benchmarking, product improvement, and service enhancement purposes, provided that such data does not identify you or any individual.

8.4.6. User Data and License.

Ownership. You retain ownership of User Data, subject to the rights you grant us under these Terms and any improvements, modifications, or derivative works we create using such data in accordance with these Terms, which we shall own.
License to PrivacyHawk. You hereby grant to PrivacyHawk and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, copy, store, transmit, display, modify, create derivative works from, and Process (including, without limitation, hosting, recording, maintaining, and displaying), including via our Third-Party Providers, User Data for the purposes of: (a) making available and providing the Services hereunder; (b) research, statistical analysis, product improvement, service offering improvements, artificial intelligence model training, machine learning, and developing new products and features; (c) creating and using Aggregated Data and Deidentified Data for any business purpose; (d) marketing, sales tracking, or similar purposes; and (e) complying with legal obligations. This license survives termination of these Terms solely with respect to User Data that has been incorporated into Aggregated Data, Deidentified Data, or our machine learning models.
Legal Disclosure. Notwithstanding anything to the contrary in these Terms, we may disclose User Data as required by Applicable Law, including Applicable Privacy Law. We will attempt to provide you notice when legally permitted, but have no obligation to do so.
Your Responsibility. You are solely responsible for the following with respect to User Data: (a) all storage, backup and retrieval thereof not used by us to provide or make available the Services; (b) any transmission errors, corruption, or compromise thereof transmitted via the internet or through Third-Party Providers; and (c) the condition, completeness, timeliness, backup, legality, reliability, integrity, accuracy and quality thereof. You agree that we do not review, edit, substantiate, determine, or otherwise have any responsibility for the accuracy, quality, integrity, legality, reliability, or appropriateness of any User Data. FOR CERTAINTY, WE ARE NOT RESPONSIBLE FOR AND HAVE NO LIABILITY FOR YOU NOT STORING AND BACKING-UP ALL USER DATA. You agree that we may transfer User Data to, and Process User Data via, providers of hosting and backup services for the purposes of providing and making available the Services.
Warranty. You represent and warrant that you have all rights necessary to grant us the license above and that your User Data does not violate any third-party rights or Applicable Law.

9. SECURITY AND PRIVACY

9.1. Security

9.2. Personal Information

9.3. Privacy Compliance

9.4. Privacy Requests

9.5. Usage Data

9.6. User Data and License

9.6.1. Ownership

You retain ownership of User Data, subject to the rights you grant us under these Terms and any improvements, modifications, or derivative works we create using such data in accordance with these Terms, which we shall own.

9.6.2. License to PrivacyHawk.

You hereby grant to PrivacyHawk and its affiliates a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable license to use, copy, store, transmit, display, modify, create derivative works from, and Process (including, without limitation, hosting, recording, maintaining, and displaying), including via our Third-Party Providers, User Data for the purposes of: (a) making available and providing the Services hereunder; (b) research, statistical analysis, product improvement, service offering improvements, artificial intelligence model training, machine learning, and developing new products and features; (c) creating and using Aggregated Data and Deidentified Data for any business purpose; (d) marketing, sales tracking, or similar purposes; and (e) complying with legal obligations. This license survives termination of these Terms solely with respect to User Data that has been incorporated into Aggregated Data, Deidentified Data, or our machine learning models.

9.6.3. Your Responsibility

You are solely responsible for the following with respect to User Data: (a) all storage, backup and retrieval thereof not used by us to provide or make available the Services; (b) any transmission errors, corruption, or compromise thereof transmitted via the internet or through Third-Party Providers; and (c) the condition, completeness, timeliness, backup, legality, reliability, integrity, accuracy and quality thereof. You agree that we do not review, edit, substantiate, determine, or otherwise have any responsibility for the accuracy, quality, integrity, legality, reliability, or appropriateness of any User Data. FOR CERTAINTY, WE ARE NOT RESPONSIBLE FOR AND HAVE NO LIABILITY FOR YOU NOT STORING AND BACKING-UP ALL USER DATA. You agree that we may transfer User Data to, and Process User Data via, providers of hosting and backup services for the purposes of providing and making available the Services.

9.6.4. Warranty

You represent and warrant that you have all rights necessary to grant us the license above and that your User Data does not violate any third-party rights or Applicable Law.

9.6.5. Legal Disclosure

Notwithstanding anything to the contrary in these Terms, we may disclose User Data as required by Applicable Law, including Applicable Privacy Law. We will attempt to provide you notice when legally permitted, but have no obligation to do so.

10. ADDITIONAL TERMS

10.1. Proprietary Rights

10.1.1. Feedback

If you provide us suggestions, ideas, enhancement requests, recommendations, or other feedback (“Feedback”), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use Feedback for any purpose without compensation or attribution to you. Feedback, even if designated as confidential by you, shall not create any confidentiality obligation for us absent a separate written agreement.

10.1.2. PrivacyHawk Rights.

All right, title and interest in and to the Services, including, without limitation, all Intellectual Property Rights and other proprietary rights therein, are and shall remain the sole and exclusive property of PrivacyHawk, its affiliates and their Third-Party Providers, as the case may be. These Terms do not grant you any Intellectual Property Rights or license under any Intellectual Property Rights in or to the Services except the limited right to use the Services as expressly stated in these Terms. All rights in and to the Services are expressly reserved by PrivacyHawk and the respective Third-Party Providers and their respective permitted successors and assigns.

10.1.3. Third-Party Beneficiaries

Our Third-Party Providers have no obligations or liability to you under these Terms but are third-party beneficiaries of these Terms with respect to their services.

10.1.4. Termination

Upon any termination of these Terms or suspension of Services, you shall immediately cease all use of the Services.

10.1.5. Compliance

You shall comply with all reasonable requests we make to protect the rights of PrivacyHawk, our affiliates, and our Third-Party Providers in the Services.

10.2. Equitable Relief.

You acknowledge that any breach or threatened breach of these Terms may cause us, our affiliates and/or our Third-Party Providers irreparable harm for which monetary damages would be inadequate. We (and, where applicable, our affiliates and Third-Party Providers) may seek injunctive relief and other equitable remedies for any such breach in any court of competent jurisdiction without posting bond and without proving actual damages.

10.3. DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE SERVICES, PRIVACYHAWK MATERIALS, THIRD-PARTY TOOLS AND DATA, WORK PRODUCT, AND ANY DATA OR RESULTS OBTAINED OR OUTPUT BY USING ANY OF THEM ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY; (B) YOUR USE THEREOF IS AT YOUR SOLE RISK; (C) WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUALITY, CURRENCY, COMPLETENESS, ACCURACY, ACCESSIBILITY, RELIABILITY, SECURITY, AVAILABILITY, AND UNINTERRUPTED OR ERROR-FREE OPERATION; (D) ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA; AND (E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

ADDITIONALLY, WE DO NOT WARRANT THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) RESULTS OBTAINED WILL BE ACCURATE OR RELIABLE; (III) THE SERVICES WILL BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES; (IV) THE SERVICES WILL BE SECURE (INCLUDING FROM HACKING OR OTHER UNAUTHORIZED INTRUSION, SUCH AS DENIAL OF SERVICE ATTACKS); AND (V) THE SERVICES WILL BE ERROR FREE OR FREE OF HARMFUL CODE; AND (VI) ANY ERRORS OR DEFECTS WILL BE CORRECTED.

10.4. LIMITATION OF LIABILITY

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE PRIVACYHAWK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS APPLY TO THE PRIVACYHAWK PARTIES COLLECTIVELY AND INDIVIDUALLY.

BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT: (A) THESE LIMITATIONS REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES; (B) THE FEES FOR THE SERVICES HAVE BEEN SET IN RELIANCE ON THESE LIMITATIONS; (C) THE LIMITATIONS IN THIS SECTION 10.4 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PRIVACYHAWK; (D) THE LIMITATIONS IN THIS SECTION 10.4 APPLY TO THE PRIVACYHAWK PARTIES; AND (E) THE LIMITATIONS IN THIS SECTION 10.4 APPLY TO ALL CAUSES OF ACTION, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, FOR FUNDAMENTAL BREACH, HOWEVER CAUSED AND REGARDLESS OF THE LEGAL THEORY OF LIABILITY, EVEN IF ANY EXCLUSIVE REMEDY PROVIDED FOR HEREIN FAILS ITS ESSENTIAL PURPOSE.

LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PRIVACYHAWK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “PRIVACYHAWK PARTIES”) TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100); OR (B) THE TOTAL FEES YOU ACTUALLY PAID TO PRIVACYHAWK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY. NO ACTION, REGARDLESS OF FORM, ARISING IN CONNECTION WITH THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRIVACYHAWK PARTIES WILL NOT BE LIABLE FOR: (A) INDIRECT, INCIDENTAL, SPECIAL, SPECULATIVE, CONSEQUENTIAL, AGGRAVATED, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES; (B) LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR BUSINESS OPPORTUNITIES; (C) BUSINESS INTERRUPTION OR COST OF SUBSTITUTE SERVICES; (D) LOSS OR CORRUPTION OF DATA OR CONTENT; (E) DAMAGES ARISING FROM IDENTITY THEFT, FRAUD, OR UNAUTHORIZED USE OF YOUR INFORMATION, WHETHER OR NOT DETECTED BY THE SERVICES; (F) DAMAGES ARISING FROM CONTINUED AVAILABILITY OF YOUR INFORMATION AFTER REMOVAL REQUESTS, REAPPEARANCE OF REMOVED DATA, OR THIRD-PARTY REFUSAL TO HONOR REMOVAL REQUESTS; (G) DAMAGES ARISING FROM DELAYS, ERRORS, OR FAILURES IN SUBMITTING OR PROCESSING PRIVACY REQUESTS; OR (H) LOSS OR DAMAGE ARISING FROM: (I) YOUR USE OF OR INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO YOUR DATA OR TRANSMISSIONS; (III) ERRORS, MISTAKES, OR INACCURACIES IN THE SERVICES; (IV) THIRD-PARTY CONDUCT OR CONTENT, INCLUDING DATA BROKERS, IDENTITY MONITORING PROVIDERS, OR INSURANCE CARRIERS; (V) ANY INTERRUPTION, CESSATION, OR SUSPENSION OF THE SERVICES; (VI) DELETION OF, CORRUPTION OF, OR FAILURE TO STORE USER DATA; OR (VII) RELIANCE ON ANY INFORMATION, REPORTS, OR RECOMMENDATIONS PROVIDED BY THE SERVICES.

10.5. Indemnification

You will indemnify, defend, and hold harmless the PrivacyHawk Parties from and against any and all third-party claims, actions, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising from or related to: (a) User Data or your use of the Services; (b) your breach of these Terms; (c) your breach of any Applicable Law, including Applicable Privacy Laws; (d) your fraud, negligence, or willful misconduct; (e) any property damage or personal injury caused by you; (f) your provision of inaccurate, incomplete, or misleading information to PrivacyHawk; (g) your misuse of PrivacyHawk’s authorized agent authority, including submitting fraudulent privacy requests or requests for third parties without authorization; or (h) claims by third parties (including data brokers, identity monitoring providers, or insurance carriers) arising from your conduct or information. You will not make any admission against PrivacyHawk’s interests or enter into any settlement that imposes any liability or obligation on any PrivacyHawk Party without PrivacyHawk’s prior written consent. This obligation survives termination of these Terms.

11. DMCA COPYRIGHT POLICY

We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). If you believe your copyright has been infringed, please send a DMCA notice to our copyright agent at:

PrivacyHawk Inc.
Attn: Copyright Agent
453 S Spring Street, Ste 400-87
Los Angeles, CA 90013
Email: legal@privacyhawk.com

Your DMCA notice must include: (a) a physical or electronic signature of the copyright owner or authorized representative; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and its location on the Services; (d) your contact information; (e) a statement that you have a good faith belief that use of the material is not authorized; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We may terminate the accounts of repeat infringers in appropriate circumstances.

12. MISCELLANEOUS

12.1. Force Majeure

We are not liable for any interruption, delay, or failure to perform any obligation under these Terms when such interruption, delay or failure results from causes beyond our reasonable control, including any law or act of any governmental authority, war, riot, terrorism, insurrection or other hostilities, embargo, fuel or energy shortage, equipment breakdowns, power failure, pandemic, epidemic, fire, mass casualty event, flood, earthquake, act of God, strikes, lockouts, labor shortages, failure of a third-party (including data brokers, identity monitoring providers, insurance carriers, or other service providers) to satisfy its contractual obligations, interruption or failure of internet or telecommunications infrastructure, cyberattacks, denial-of-service attacks, or any other similar cause.

12.2. Export Controls

The Services may be subject to U.S. export control laws and regulations. You represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or trade sanctions; (b) you are not identified on any U.S. government list of prohibited or restricted parties, including the Treasury Department’s Specially Designated Nationals List or the Commerce Department’s Denied Persons List; and (c) you will not access or use the Services in violation of any U.S. export control or sanctions law. We reserve the right to suspend or terminate your access if we determine you may be in violation of this Section.

12.3. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California and the federal laws of the United States of America applicable therein, without giving effect to any choice of law or conflict of laws principles that would require the application of the laws of a different jurisdiction.

12.4. Dispute Resolution

Binding Arbitration; Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Resolution. Before filing a claim, you must contact us at legal@privacyhawk.com and provide a detailed description of the dispute. We will attempt to resolve the dispute informally for 60 days.
Binding Arbitration. If we cannot resolve the dispute informally, any dispute, claim, or controversy arising from or relating to these Terms, the Services, your use of the Services, or the interpretation, performance, or breach thereof, including alleged violations of state, federal, or other national statutory or common law rights or duties (including consumer protection, privacy, data security, or unfair competition laws), and the determination of the scope or applicability of this agreement to arbitrate (any such dispute, claim, or controversy, a “Dispute”), will be resolved by final and binding arbitration pursuant to the U.S. Federal Arbitration Act (“FAA”). The arbitration will be initiated and conducted according to the JAMS Streamlined Arbitration Rules and Procedures (the “Arbitration Rules”) in effect at the time the request for arbitration is made, except as modified by these Terms. The arbitration will be conducted in Los Angeles County, California (or remotely by videoconference at your election), before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator will apply the substantive laws of the State of California and applicable federal law, and may consider the Federal Rules of Evidence. The arbitrator will provide a written decision with sufficient detail to permit judicial review. The prevailing party may be awarded reasonable attorneys’ fees and costs to the extent permitted by Applicable Law. The parties shall maintain the confidential nature of the arbitration proceeding and the award, except as may be necessary to prepare for or conduct the arbitration, in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or as otherwise required by Applicable Law.
Exceptions to Arbitration. Notwithstanding Section 12.4.2, either party may: (a) pursue a claim in small claims court if it qualifies and remains in that court; or (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or proprietary rights. Additionally, this arbitration provision does not prevent you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Trade Commission, state attorneys general, or state consumer protection offices. Such agencies can, if the law allows, seek relief against us on your behalf.
CLASS ACTION WAIVER. YOU AND PRIVACYHAWK AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATED ACTION OR ARBITRATION AGAINST US. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
NO JURY TRIAL. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PRIVACYHAWK EACH WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY AND ALL DISPUTES THAT ARE NOT SUBJECT TO ARBITRATION UNDER SECTION 12.4.2.
Opt-Out Right. You may opt out of this arbitration provision by sending written notice to legal@privacyhawk.com within 30 days of first accepting these Terms. Your notice must include your name, mailing address, email address associated with your account, and a clear statement that you wish to opt out of this arbitration provision. If you opt out, all disputes will be resolved in court as provided in Section 12.4.8, and all other Terms remain in effect.
Changes to Arbitration Provision. Notwithstanding Section 12.9, if we make any material change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change taking effect to legal@privacyhawk.com. If you reject the change, your account will be governed by the arbitration provision in effect when you first accepted these Terms, and we may choose to terminate your account.
Court Jurisdiction. If arbitration does not apply (because you opted out, the dispute is within an exception, or the arbitration provision is found unenforceable), you agree that any Dispute will be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction and venue in those courts. You waive any objection to venue in these courts, any claim that such courts are an inconvenient forum, and any objection based on improper venue or forum non conveniens. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or proprietary rights.

12.5. Assignment

You may not assign or transfer these Terms, or any of your rights or obligations hereunder, without our prior written consent, and any attempted assignment or transfer is void and constitutes a material breach. We may freely assign these Terms without your consent to an affiliate or in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets or the business unit to which these Terms relate, and we will provide you with notice of any such assignment. These Terms shall be binding upon, inure to the benefit of, and are enforceable by the parties and their permitted successors and assigns.

12.6. Notices

We may provide notices to you via email to your account email address, by posting on our website, through the Services, or by push notification. You consent to receive all communications from us electronically, and you agree that such electronic communications satisfy any legal requirement that communications be in writing. Notices to you are effective when sent (for email or push notification) or when posted (for website or in-Service notices). It is your responsibility to keep your email address current and to check for notices regularly.

You must send legal notices to us at:

PrivacyHawk Inc.
453 S Spring Street, Ste 400-87
Los Angeles, CA 90013
Email: legal@privacyhawk.com

THE PARTIES AGREE THAT SERVICE OF PROCESS MAY BE EFFECTED BY ANY NOTICE PROPERLY DELIVERED UNDER THIS SECTION IN ACCORDANCE WITH APPLICABLE LAW, WITH ANY SUCH SERVICE CONSTITUTING PERSONAL SERVICE ON THE DATE OF SUCH DELIVERY.

12.7. Interpretation

For purposes of these Terms: (a) The words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) The word “or” is not exclusive; (c) The words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms as a whole; (d) Words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) Words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms: (i) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, these Terms; (ii) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (iii) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The parties intend these Terms to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted, to the extent permitted by Applicable Law. The headings in these Terms are for reference only and do not affect the interpretation of these Terms.

12.8. Severability; Waiver

The failure of a party to insist upon strict compliance with any term or condition of these Terms on any occasion shall not be construed as a waiver with regard to any subsequent failure to comply with such term or condition. No waiver of any term or condition of these Terms shall be effective unless expressly agreed to in writing (including email from an authorized representative) by the party against whom the waiver is asserted. If any provision herein is to any extent illegal, otherwise invalid, or incapable of being enforced, then such term shall be excluded to the extent of such invalidity or unenforceability, all other terms hereof remain in full force and effect, and to the extent permitted and possible, the invalid or unenforceable provision shall be deemed replaced by a provision that is valid and enforceable that comes closest to expressing the intention of such invalid or unenforceable provision.

12.9. Entire Agreement

Amendments. These Terms, together with the Privacy Policy and Website Terms of Use incorporated by reference, represent the entire agreement between you and PrivacyHawk with respect to the Services and supersede all previous agreements, representations, discussions, understandings or writings between the parties with respect to the Services. There are no oral or written collateral representations, agreements or understandings. You acknowledge that you have not relied on any statement, promise, or representation made by PrivacyHawk or its representatives that is not expressly set forth in these Terms.

WE MAY MODIFY THESE TERMS AT ANY TIME BY POSTING REVISED TERMS ON OUR WEBSITE AT LEAST THIRTY (30) DAYS BEFORE THE CHANGES TAKE EFFECT. YOUR CONTINUED USE OF THE SERVICES AFTER THE EFFECTIVE DATE OF CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED TERMS. IF YOU DO NOT AGREE TO THE MODIFIED TERMS, YOU MAY TERMINATE YOUR ACCOUNT BEFORE THE EFFECTIVE DATE. WE WILL PROVIDE NOTICE OF MATERIAL CHANGES VIA EMAIL OR THROUGH THE SERVICES.

13. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

PrivacyHawk Inc.
453 S Spring Street, Ste 400-87
Los Angeles, CA 90013
Email: legal@privacyhawk.com
Phone: 408-909-3656

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE DISCLAIMERS, LIABILITY LIMITATIONS, MANDATORY ARBITRATION, AND CLASS ACTION WAIVER PROVISIONS CONTAINED HEREIN. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A MINOR OR AS A PARENT OR GUARDIAN, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT INDIVIDUAL AND YOU AGREE TO BE PERSONALLY BOUND BY THESE TERMS.