Terms and Conditions of Service

Posted and effective: 1^st March 2025

Thank you for using Privatlocker. Our mission is to create a more secure place to keep your content and records safe and accessible while helping you and those you work with stay coordinated and in sync with your clients and customers.

These terms of service (“Terms”) cover your use and access to our websites, software, and services (“Services"). Your agreement is with PRIVATLOCKER LTD (“Privatlocker)”. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By using our Services, you are agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy.

Your Records & Your Permissions

When you use our Services, you store things like your records, files, document, content, messages, contacts, photos, videos and so on (“Records”). Your Records are yours. These Terms do not give us any rights to your Records except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting your Records and backing them up. Our Services also provide you with features like downloading, searching, image thumbnails, document previews, easy sorting and organization, and personalization. To provide these and other features, Privat Locker stores your Records. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities

Your use of our Services must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please do not copy, upload, download, or share content unless you have the right to do so.

Privat Locker may review your conduct for compliance with these Terms and our Acceptable Use Policy. We cannot review your content, so we are not responsible for the content you post and share via the Services.

It is your responsibility to safeguard your password to the Services and keep your account information current. Never share your account credentials or give anyone access to your account.

You may use our Services only as permitted by applicable laws and regulations. To use our Services, you must be at least 16 if you reside in the United Kingdom or anywhere else. If the law where you reside requires that you must be older in order for Privatlocker to lawfully provide the Services to you without parental consent (including use of your personal data), then you must be that older age.

Software

Our Services allow you to use our software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. You agree not to reverse engineer, decompile or copy any of the Services, nor attempt to do so, nor assist anyone in doing so.

Beta Services

We sometimes release products and features that we are still testing and evaluating (“Beta Services”). Beta Services are labelled “beta,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Privatlocker’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.

Additional Features

From time to time, Privatlocker will add additional features to enhance the user experience. However, these free features may be withdrawn without further notice.

Our Services

The Services are protected by copyright, trademark, and other UK and foreign laws. These Terms do not grant you any right, title, or interest in the Services, others’ content in the Services, Privat Locker trademarks, logos and other brand features. We welcome feedback but note that we may use comments or suggestions without any obligation to you.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

Paid Accounts

Billing: You can purchase various products and increase the number of users and your storage space (“Paid Account”). We will automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you are on an annual plan, we will send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You are responsible for all applicable taxes, and we will charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override these laws.

Cancellation: You may cancel your Privatlocker Paid Account at any time. Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.

Downgrades: Your Paid Account will remain in effect until it is cancelled or terminated under these Terms. If you do not pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features.

Changes: We may change the charges in effect on renewal of your subscription, to reflect factors such as changes to our product offerings, changes to our business, or changes in economic conditions. We will give you no less than 30 days’ advance notice of these changes via a message to the email address associated with your account and you will have the opportunity to cancel your subscription before the new charge comes into effect.

Email address: If you sign up for a Personal Privatlocker account with an email address provisioned by your organization, your organization may be able to block your use of Privat Locker until you transition to an account on a Privatlocker with a personal email address.

Using Privatlocker BUSINESS or PROFESSIONS: If you join Privatlocker BUSINESS or PROFESSIONS, you must use it in compliance with your organisation’s terms and policies. Please note that these Privatlocker accounts are subject to your organisation’s control. Your administrators may be able to access, disclose, restrict, or remove information in or from your Privatlocker account. They may also be able to restrict or terminate your access to such a Privatlocker account.

Termination

You are able to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with 7 days’ notice to you if:

   You are in breach of these Terms, or your use of the Services would cause a real risk of harm or loss to us or other users

We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export your Records from our Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services.

We will not provide notice or an opportunity to export your Records before termination or suspension of access to the Services where:

   You are in material breach of these Terms, or doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or we are prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to exceptional unforeseen circumstances, events beyond Privatlocker’s control, or to comply with a legal requirement. If we do so, we will give you reasonable prior notice so that you can export your Records from our systems (we will give you no less than 30 days’ notice where possible under the circumstances). If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we will not refund the portion of the charges you have pre-paid but have not received Services for.

Services “As Is”

We strive to provide great Services, but there are certain things that we cannot guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, PRIVATLOCKER AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some places do not allow the disclaimers in this paragraph, so they may not apply to you. For example, these disclaimers do not override the legal protections, including statutory warranties, granted to consumers by EU law.

Limitation of Liability

WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. THIS INCLUDES ANY LIABILITY FOR PRIVATLOCKER’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS ARE NOT ALLOWED, WE ARE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOES NOT AFFECT CONSUMER RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IF YOU ARE AN EU OR UK CONSUMER, THESE TERMS DO NOT EXCLUDE PRIVATLOCKER’S LIABILITY FOR LOSSES AND DAMAGES THAT ARE A RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL IN PROVIDING THE SERVICES OR OF OUR BREACH OF OUR CONTRACT WITH YOU, AS LONG AS THOSE LOSSES AND DAMAGES ARE REASONABLY FORESEEABLE.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, PRIVATLOCKER, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT PRIVATLOCKER OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, PRIVATLOCKER, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. PRIVATLOCKER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO 100% OF ANY AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH PRIVATLOCKER. THIS PROVISION DOES NOT APPLY TO EU CONSUMERS WHERE PROHIBITED BY APPLICABLE LAW.

Resolving Disputes

We want to address your concerns without needing a formal legal case. Before filing a claim against Privatlocker, you agree to try to resolve the dispute informally by sending us a written Notice of Complaint at privacy@privatlocker.com that includes your name, a detailed description of the complaint, and the relief you seek. We will try to resolve the complaint informally by contacting you via email. If a complaint is not resolved within 60 days after submission, you or Privatlocker may bring a formal proceeding.

Judicial Forum for Disputes: You and Privatlocker agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the courts of England & Wales, subject to the mandatory arbitration provisions below. Both you and Privatlocker consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We Both Agree to Arbitrate. You and Privatlocker agree to resolve any claims relating to these Terms or the Services through final and binding individual arbitration by a single arbitrator, except as set forth under the “Exceptions to Agreement to Arbitrate” below. This includes disputes arising out of or relating to the interpretation or application of this “Mandatory Arbitration Provisions” section, including its scope, enforceability, revocability, or validity. The arbitrator may award relief only individually and only to the extent necessary to redress your individual claim(s); the arbitrator may not award relief on behalf of others or the general public.

Opt out of Agreement to Arbitrate: You can decline this agreement to arbitrate by emailing us at privacy@privatlocker.com within 30 days of first registering your account or agreeing to these Terms. However, if you agreed to a previous version of these Terms that allowed you to opt out of arbitration, your previous choice to opt out or not opt out remains binding.

Arbitration Procedures: The London Court of International Arbitration (LCIA) will administer the arbitration. The arbitration will be held in the United Kingdom or any other location we agree to.

Exceptions to Agreement to Arbitrate: Either you or Privatlocker may assert claims, if they qualify, in small claims court where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the British courts to resolve your claim.

No Class or Representative Actions: You may only resolve disputes with us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Severability: If any part of this “Mandatory Arbitration Provisions” section is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, this “Mandatory Arbitration Provisions” section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to this “Mandatory Arbitration Provisions” section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration.

Applicable Law

These Terms will be governed by the laws of England and Wales. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph does not override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and Privatlocker with respect to the subject matter of these Terms and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. Our past, present, and future affiliates and agents can invoke our rights under this agreement in the event they become involved in a dispute with you. Otherwise, these Terms do not give rights to any third parties.

Waiver, Severability & Assignment

Privatlocker’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Privatlocker may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Modifications

We may revise these Terms from time to time to better reflect changes to the law, or new regulatory requirements, or improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you do not agree to the updates we make, please cancel your account and stop using the Services before the updated Terms become effective. Where applicable, we will offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.