Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the PrivacyHawk website (privacyhawk.com) (the “Website”) or mobile application (the “Service”) operated by PrivacyHawk, Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms, which expressly include any additional agreements, terms, or policies incorporated by reference herein. These Terms of Service apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service and must immediately discontinue any access to or use of the Service.
If you access or use the Service via the PrivacyHawk mobile application for Apple iOS from the iOS App Store, you agree to be bound by the Apple Licensed Application End User License Agreement, which is available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ and incorporated by reference.
If you access or use the Service via the PrivacyHawk mobile application for Android from the Google Play Store, you agree to be bound by the Google Play Terms of Service, which is available at https://play.google.com/intl/en_us/about/play-terms/index.html and incorporated by reference.
Accounts and Purchases
When you create a Service account (an “Account”) to use the Service or purchase any product or service made available through the Service (“Purchase”) you will be asked to supply certain information relevant to your Purchase. Such information may include but is not limited: name, email address, phone number, credit card information, billing address (“Personally Identifiable Information”). When you access your Account or use the Service, you authorize us to gather, store, use, and share Personally Identifiable information and other information according to our privacy policy (the “Privacy Policy’) which is incorporated by reference and available at https://privacyhawk.com/privacy/.
You represent and warrant that: (1) you are at least the age of majority in the jurisdiction where you reside; (2) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; (3) the information, including any Personally Identifiable Information, you supply to us to create your Account or make a Purchase is true, correct and complete; and (4) you have not, do not, and will not scrape, harvest, store, reverse engineer, or use for any purpose PrivacyHawk's database of companies and opt out processes, nor will you aid, facilitate, or enable — by action or inaction – any third party to do so.
You are responsible for safeguarding the device that you use to access the Service.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use your Account or the Service for any illegal or unauthorized purpose nor may you, in the use of your Account or the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Your breach or violation of any of the Terms will result in an immediate termination of your Account and your ability to access the Service without notice and without liability to you.
We reserve the right to refuse Service to anyone for any reason at any time. We reserve the right to refuse or cancel your order if we suspect fraud or an unauthorized or illegal transaction. You expressly agree that PrivacyHawk cannot accept any liability for loss or damage arising out of such cancellation.
Subscriptions & Payment
PrivacyHawk offers the Service to you in one of three service tiers (a “Service Tier”), including the Free Version, the Premium Protection Plan, and the Platinum Protection Plan. Each Service Tier includes Services as described on the Website, subject to updates and changes according to the Change Policy. When you create an account or Purchase Service, you will be required to select a Service Tier for your subscription. The Services provided to you will be limited to those indicated on the Website for the selected Service Tier. The subscription fee, if any, is based on the Service Tier you select.
We reserve the right to refuse or cancel your subscription at any time for any reason including but not limited to: product or service availability, errors in the product or service description or price, or error in your order.
PrivacyHawk is billed annually according to your selected Service Tier and automatically renews on the anniversary date of your first payment. You can cancel your subscription at any time through your mobile operating system's subscription settings or by emailing support@privacyhawk.com.
Only the Platinum Protection Plan Service Tier includes identity theft insurance coverage (the “ID Theft Insurance Coverage”). If you do not subscribe to and pay for the Platinum Protection Plan Service Tier, you will not be covered by ID Theft Insurance Coverage.
The ID Theft Insurance Coverage is provided exclusively to Platinum Protection Plan Service Tier subscribers provides up to $1 million USD coverage for “Costs”, “Lost Wages”, “Legal Defense Fees and Expenses”, and “Unauthorized Electronic Fund Transfer Reimbursement” in the event of a “Stolen Identity Event” — as those terms are used and defined in the ID Theft Insurance Coverage’s Master Policy (the “Master Policy”) — that occurs during the term of your Platinum Protection plan subscription and is covered by the Master Policy. Any and all ID Theft insurance Coverage will subject to your compliance with these Terms in addition to the terms and conditions in the Master Policy. The Master Policy, which is incorporated by reference, is available here: ID Theft Master Policy. A summary of the terms of the Master Policy is available for your convenience here: Insurance Policy Summary.
You understand, acknowledge, and agree that: (1) the ID Theft Insurance Coverage is limited to the terms of the Master Policy and, therefore, may not provide cover losses, claims, damages, obligations, or liabilities arising from or related to a Stolen Identity Event that are not covered by the Master Policy; (2) the availability and coverage under the Master Policy is expressly conditioned on your compliance with the policies and procedures for submitting claims under the Master Policy; (3) the ID Theft Insurance Coverage does not cover any losses, claims, damages, obligations, or liabilities arising from or related to your Account, the Service, or events, circumstances, or conditions that are not Stolen Identity Events under the Master Policy; and (4) the ID Theft Insurance Coverage is provided to you by a third-party under the Master Policy and that PrivacyHawk shall have no liability to you for losses, claims, damages, obligations or liabilities under for ID Theft Insurance Coverage under the Master Policy.
If your subscription to the Platinum Protection Plan Service Tier expires or is terminated, you will not be eligible for or entitled to any coverage under the Master Policy.
Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services through the Service. The products or services described on the Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service. You expressly agree that descriptions of Products and Services on the Website do not constitute a legal offer.
We cannot and do not guarantee the accuracy or completeness of any information on the Website or through the Service, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of PrivacyHawk and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of PrivacyHawk. Your subscription to any of the Service Tiers does not constitute a sale, assignment, or transfer of any intellectual property rights and is, instead, a limited, non-exclusive, non-assignable, non-transferrable license to access and use the Service subject to these Terms for the duration of the term of your subscription.
Links to Other Websites
The Service or the Website may contain links to third-party web sites or services that are not owned, controlled, or operated by PrivacyHawk. We cannot be responsible for safeguarding any information which you provide third parties through such sites these Terms do not apply to your use of any third-party websites or services. We strongly advise you to read the terms of service and privacy policies of any third-party web sites or services that you visit. You acknowledge and agree that PrivacyHawk shall not be responsible or liable, directly, or indirectly, for any claims, losses, damages, liabilities, or obligations caused or alleged to be caused by or in connection with your use of or reliance on any content, goods, or services available on or through any third-party web sites or services.
Termination
We may terminate or suspend your Account or your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation your breach of the Terms. Upon termination, your right to access and use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
Indemnification
You agree to indemnify and hold harmless PrivacyHawk from and against any and all claims, demands, losses, liabilities, damages, expenses, and costs, including reasonable attorney fees, expert witnesses and litigation costs, and costs incurred in the settlement or avoidance of any such claim in connection with or which results from your breach of these Terms. In such event, PrivacyHawk shall provide you with prompt written notice of the assertion of such claims. PrivacyHawk reserves the right to select counsel and control the defense with respect to any indemnified claim.
Limitation of Liability
In no event shall PrivacyHawk or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising from or related to these Terms, your access or use of the Service or your Account, or the information you provide to PrivacyHawk, whether based on warranty, contract, tort (including negligence or personal injury) or any other legal theory, even if a remedy set forth herein is found to have failed of its essential purpose. In no event shall PrivacyHawk’s liability to you for any claim, loss, damage, or liability exceed amounts you have actually paid to PrivacyHawk for a subscription in the 12-month period immediately preceding such claim.
Warranty & Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. PrivacyHawk, its subsidiaries, affiliates, and its licensors do not warrant that: the Service will function uninterrupted, secure or available at any particular time or location, any errors or defects will be corrected, the Service is free of viruses or other harmful components, the results of using the Service will meet your requirements.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms of Service at any time. When we do such updates we revise the updated date at the bottom of this page. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.
We may implement updates or changes to the Service or to your Account at any time without notice (the “Change Policy”). Such changes may include altering or removing features, limiting the quantity, quality, volume, or frequency of your access to or use of the Service or component features thereof. In the event that you are dissatisfied with such changes, your sole remedy shall be to cancel your subscription and discontinue use of the Service.
Governing Law & Dispute Resolution
These Terms shall be governed and construed in accordance with the laws of the State of California without regard to its conflict of law provisions. You agree that any disputes arising out of or relating to these terms of service, your use of our website, or our products and services will be resolved on an individual basis. You waive your right to participate in any class action lawsuits or class-wide arbitration, including any collective action, representative action, or any other proceeding where someone acts in a representative capacity.
Any dispute, controversy, or claim arising out of or relating to your Account, your use of the Services, or these Terms, including the breach, termination, or validity thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules. You agree that the filing of any arbitration claim under these Terms must be supported by individual evidence of any claims and damages you allege. You hereby waive your right to a jury trial.
You agree that, prior to filing any claim, or — to the extent that any delay in filing may cause such claim(s) to expire under an applicable statute of limitations — prosecuting any claim under these Terms or arising out of or related to your Account or the Service, you will present your claim, including any documents or evidence supporting your individual claim, to PrivacyHawk in an effort to amicable resolve such claims in good faith.
In the event that PrivacyHawk is the target of 20 or more substantially similar arbitration claims, PrivacyHawk reserves the right to opt-out of the arbitration provisions under these Terms and demand that each such claim be brought against it in a court of competent jurisdiction.
The seat of the arbitration shall be in the state of California, Los Angeles County, United States of America. The arbitration shall be conducted in English. The arbitrators shall have the authority to grant interim measures, including injunctive relief, as they deem appropriate.
Miscellaneous
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
These Terms constitute the entire agreement between you and PrivacyHawk regarding your Account and the Service and supersede and replace any prior agreements or understandings we might have.
In the event your subscription or these Terms terminate by expiration, cancellation, or breach the rights and obligations concerning, warranty disclaimers, limitations of liability, indemnity shall survive any such termination.
Contact Us
If you have any questions about these Terms, please contact us at support@privacyhawk.com.
PrivacyHawk, Inc. 453 S Spring St Ste 400-87 Los Angeles, CA 90013
