Terms of use

Valid as of 8 July 2019, version 1.0

Download Terms of Use and Privacy Policy in pdf format

PURPOSE AND SCOPE OF TERMS
1. UAB "IT Solutions", company code: 300899746, company registered address: Dariaus ir Gireno str. 149, Vilnius, Lithuania ("Privasfer") is the administrator of website www.privasfer.com and offers secure online file transfer, reception, organisation and storage as well as other services under various free of charge and paid Service plans via www.privasfer.com website (provided as software as a service application), Privasfer application programming interface integrated in a third party software and/or, when applicable, through a mobile application ("Services"). Privasfer application programming interface allows to integrate Services into compatible User’s software systems, such as CRM, web stores, websites and other business software and to benefit from safely transferring and receiving data. As such, the terms of the third party governing the use of such third-party software may apply to the User in addition to these Terms. Privasfer application programming interface integration instructions and compactivity requirements are provided on www.privasfer.com.
2. Services offer Privasfer account owner, manager and/or user (natural and/or legal persons) to transfer or receive files, information, messages and other digital content ("Content") online.
3. These Terms of Use ('Terms") constitute a legally binding agreement upon Privasfer and Privasfer account owner, manager and/or user (all together – "Users") while delivering and using Services. By using Services User agrees and accepts these Terms as well as other rules governing the provision of Services available at www.privasfer.com. These Terms supersede all prior oral and written agreements, if any, existing in between user of Privasfer services and Privasfer.
4. If Services include, are used in connection with or are integrated in the services of third parties, the terms and conditions and/or privacy and cookie policies as well as other rules of those third-party services may apply to the User in addition to these Terms. Privasfer engage the following service providers for Service delivery: "Digital Ocean S3" (for Content storage, more information available under: https://www.digitalocean.com/legal/terms-of-service-agreement/; https://www.digitalocean.com/legal/privacy-policy/), "Vertexsms" (PIN code SMS meesaging service, more information available under https://vertexsms.com/termsofuse/), "Sendinblue" (emailing service provider for messaging about received files, password change, etc., more information available under: https://www.sendinblue.com/legal/termsofuse/). Privasfer account owner or manager can choose to integrate some of Privasfer Services with “Google” and "Dropbox" account and thus be bound by terms of these service providers.
GENERAL PROVISIONS
1. In order to use Services, User has to create an account on the website www.privasfer.com ("Privasfer account") and provide Privasfer with User’s email address and other data. For more information on Users personal data processing please check Privasfer Privacy Policy ("Privacy Policy"). In cases where provisions of the Terms contradict Privacy Policy, specific provisions regarding personal data processing of Privacy Policy prevail.
2. Service Users may be natural persons, using Privasfer services for their personal or business purposes as well as legal entities. User may have one the following status in relation to the Privasfer account:
  1. Privasfer account owner may create the account, add account managers and users, set and modify settings of the account, authorise account managers and users to use Privasfer account, choose paid Service subscription or free of charge Services, access all data shared via Privasfer account the owner has created, can choose to integrate some of Privasfer Services with "Google" and "Dropbox" account;
  2. Privasfer account manager may set and modify settings of the account, add account users, authorise account managers and users to use Privasfer account, choose paid Service subscription or free of charge Services, access all data shared via Privasfer account the owner has created, can choose to integrate some of Privasfer Services with "Google" and "Dropbox" account;
  3. Privasfer account user may connect to the account and send/receive Content through Services, access Content shared with and by the particular account user.
3. Instruction on Prisvasfer account setup, User’s PIN code creation, how to send secure mail, how to unlock encrypted files and how to use Privasfer application programming interface and other as applicable are available at section "Docs" of www.privasfer.com.
4. The User is allowed to use free of charge Services when aged 16 and over unless applicable local laws require otherwise. When User is older than 16 years old but younger than 18 years old, the User may use Services only with parental or legal guardian consent. Upon Privasfer request User aged between 14 and 18 years old will provide Privasfer the parent or legal custodian consent to use Services. Minors under the age of 16 are not allowed to use Services. By using Services, User warrants that he or she is of the required age, that he or she complies with local legal age requirements for Service use and that he or she has acquired all required third party (e.g. of parents, legal guardian) consents for Service use.
PRIVASFER SERVICES
1. To transfer Content via Services the User must first upload the Content on Privasfer account and to specify recipient’s email address (and, in case of paid Services, mobile telephone number) to distribute a link for Content download.
2. Privasfer limits the maximum allowed size for Content transfer and storage on Privasfer account as well as the maximum duration of Content storage on Privasfer account. The limits depend on Service plan used by the User. The Content size and storage duration limits are specified along with the description of Service plan on www.privasfer.com.
3. Content is stored on Privasfer servers which are located in jurisdiction chosen by Privasfer. Privasfer may unilaterally change the storage server or its location without any authorisation or consent from the User. User will be notified about the change of Content storage location via change of Terms or Privacy Policy.
4. The data and accompanying messages transferred by using Services are encrypted at transit and at rest with the state-of-the art algorithm. Once Content and recipient’s requisites are uploaded, the recipient receives an e-mail notification. The key which unlocks the encrypted Content is send to a recipient by a separate e-mail (in case of paid Services - for additional, increased security, the key could be sent to the recipient by a text message (SMS)). The recipient can download the files to personal device by using the key. If Content recipient is a Privasfer account holder, the secret key is not sent. In this case the recipient can unlock the received files online using a set PIN code. The recipient and the sender are mutually responsible for the confidentiality and/or the distribution of PIN and key used to open shared files.
5. User may delete Content from the Privasfer account. When User sending Content deletes it from the Privasfer account, this data will be automatically deleted from the account of the Content recipient. Whenever the Content recipient deletes received data/files, such data/files will still remain in the account of the sender.
6. Privasfer automatically deletes Content on Privasfer account after the expiry of Content Storage term which depends on the Service plan used. Content is retained for:
  1. in case free of charge Service plan is used - for 30 days after the data transfer via the Privasfer account;
  2. in case paid Service plan is used – while the User keeps paid Service subscription plan active, the Content is stored until User decides to delete files from the Privasfer account, to delete Privasfer Service or account or until the expiry date set manually by the User (i.e. Privasfer account owner or manager with paid Service subscription plan may set the term for automatic data deletion from the Privasfer account).
7. After the expiry of the abovementioned Content storage period Privasfer will permanently delete the uploaded Content. These files will not be no longer available nor retrievable.
8. Privasfer ensures confidentiality of the Content at rest and in transit while the Content is on Privasfer systems. Privasfer is not in the position to control the use of Content download link once it is distributed to the Content recipient. Recipients can forward the link and code/PIN to allow third persons to access Content them. User is responsible for any activity from or by account, so User should not share Privasfer account password and should protect it carefully. Privasfer is not liable if encrypted Content cannot be decrypted due to password loss. It is strongly recommended that users keep backups of any content on their own systems.
9. Privasfer does not automatically delete Privasfer account after the expiry of paid Service plan. In such case the Privasfer account turns automatically into the account with functionality of the unpaid Privasfer account.
10. Any content included on www.privasfer.com website or in the notices / messages send to users by Privasfer is owned by or licensed to Privasfer and can only be used with express prior written permission from Privasfer. Although care and attention are devoted to the content of Privasfer notices sent or information provided on www.privasfer.com, Privasfer cannot warrant that the information is complete and accurate.
11. Privasfer does not acquire any ownership of the Content that User uploads, stores, receives or transfers while using Services. The User remains sole owner of the Content and responsible for its legality. By using the Services, the User grants Privasfer unlimited, nonexclusive, worldwide, royalty-free, sublicensable, transferable and assignable license to use, store, index, reproduce (for purpose of back up), communicate via internet the Content, including any intellectual property rights related thereto, to an extent required for Privasfer to duly deliver of Privasfer Services until the Content is deleted from the Services. User warrants that all required permissions, licences and authorisations (including from intellectual property rights owners to use intellectual property incorporated in the Content, from commercial or trade secret data owners to use such data, from data subjects or other appropriate legal basis to process personal data incorporated in the Content) are possessed in order to transfer, receive store, organise or otherwise use Content while using Services.
12. All intellectual property rights and/or similar rights on the Privasfer Services (including the software, design, texts, trademarks, trade names, domain names, copyrights and patents, if any) are vested in Privasfer and/or its licensors and Users are not allowed to use, remove, modify, copy, distribute, decompile, or reverse engineer any of it in any way. Users ensures that use of the Privasfer services will in no way prejudice any rights and reputation of Privasfer and its licensors.
13. The Content is encrypted and is not accessible to Privasfer, including but not limited to authorised Privasfer administrators responsible for the proper functioning of the website www.privasfer.com. Encrypted Content cannot be decrypted or inverted by Privasfer. Content can only be decrypted by recipient User by opening the received Content via User’s account or with a provided decryption key. Content is accessible by Privasfer account user (recipient and sender) to the extent they have been granted access rights by Privasfer account owner or manager.
14. Privasfer may show Service advertising from advertisers selected by Privasfer to Users on website www.privasfer.com and/or Privasfer application programming interface as well as, when applicable, on a mobile application when this is compliant with applicable laws.
15. In addition, User undertakes not to:
  1. abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act unlawful, or encourage anyone else to do so;
  2. impersonate or falsely pretend affiliation with any person or entity;
  3. interfere with any access or Service use restrictions;
  4. use any data mining or data gathering or extraction methods, or otherwise collect information about the Users;
  5. use Services for sending software viruses or other malware, spam or advertisements of any kind and for any purpose;
  6. interfere with, damage or disrupt the Services or act in a way that may do so;
  7. attempt to probe, scan, compromise or test the vulnerability of Services, system or network or breach any security or authentication;
  8. reverse engineer or decompile any (part) of Services;
  9. commercialise Services without Privasfer permission;
  10. allow others to use Privasfer account allocated to them, except to authorise account managers and account users; and/or
  11. upload, store and/or transfer Content which is illegal under any laws applicable to the User;
  12. to use Services to commit, promote, enable or facilitate any unlawful or criminal acts or breach of these Terms or facilitate or promote others to do so. As a condition to use Services, User agrees not to create, use, store or share any Content that:
    1. features sexual abuse imagery;
    2. is obscene, defamatory, libellous, slanderous, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful;
    3. promotes racism, violence or hatred;
    4. is factually inaccurate, false, misleading, misrepresenting or deceptive;
    5. user don’t hold the rights to;
    6. infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
    7. infringes on or violates any applicable law or regulation; and/or
    8. constitutes 'hate speech', whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, language or another characteristic of such individual or group.
16. Privasfer reserves right without notice or liability to:
  1. limit access to or eliminate any features or functionality of the Services;
  2. to suspend the provision of Services (or any part of it), to restrict temporarily or permanently access to or to delete the Content and/or Privasfer account of a particular User(s) if:
    1. the User fails to timely pay any amount owed to Privasfer;
    2. the User breaches any provision of these Terms or rules referred to in these Terms;
    3. Privasfer has reason to believe that the User uses Services in breach of any applicable law or regulation;
    4. Privasfer is requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency; or
    5. if, in its sole discretion, Privasfer believes that continued use of the Privasfer services by User creates legal risk for Privasfer or presents a threat to the security of Services or other Users.
17. Privasfer will use commercially reasonable efforts to notify User prior to any such suspension or restriction of Privasfer service or account or any part of it, unless Privasfer reasonably believes that:
  1. Privasfer is prohibited from doing so under applicable law; or
  2. it is necessary to delay notice in order to prevent damage to the Services or a third party. If notice is delayed, Privasfer will provide the notice if and when the related restrictions in the previous sentence no longer apply.
18. If Services or Privasfer account is suspended in accordance with Terms, the User remains responsible and liable for all fees and charges in relation to Services, which have incurred up to the date of suspension or restriction as well as for any fees for any Service to which User continue to have access. As a result of suspension, Content will not be deleted unless specified otherwise in these Terms or user explicitly requests their deletion.
19. User may elect to terminate free Privasfer account via Privasfer settings. As a result the termination of the Privasfer account, Privasfer will delete all Content on the account and the account.
20. Whenever Privasfer require User to provide User’s data such as User’s email address, password and/or payment details, the User ensures that these are accurate and up-to-date at all time.
21. Should registration or account data appear to be misused, Privasfer reserves the right to suspend the account.
PAID SERVICES AND PAYMENT CONDITIONS
1. The basic functionality of Privasfer file transfer is free of charge. Privasfer offers additional Service functionality for a fee. Paid Service subscription plans vary and offer diverging set of premium Services. Paid Service subscription plan terms are available at the section "Pricing" of www.privasfer.com.
2. Upon clicking respective "Order and Pay" button provided at the section "Pricing" of www.privasfer.com Privasfer account owner and/or manager acknowledges being aware of and undertakes to be bound by respective paid Service subscription terms.
3. By clicking "Order and Pay" Privasfer account owner and/or manager (which is consumer) ackniowledges and agrees:
  1. Entering into an consumer distant sales agreement for digital content delivery with Privasfer for provision of digital Services under the terms and conditions mentioned in these Terms;
  2. agrees to pay for Services;
  3. acknowledges and consents that if Services have been started to be used (files transfered with Privasfer) within 14 calendar days after paid Service subscription was ordered, the User has waived the right to cancel the paid Servce subscription and reimburse subscription fee.
4. As a result of European Union consumer protection regulations, being a party to distant sales agreement for digital content delivery the User (who is a consumer and orders Services for personal and not business purposes) has the right to cancel the paid Service subscription (and to reimburse the paid subscription fee) during the first 14 days after ordering paid Service subscription, unless User starts using Services during this period whereby User is deemed to have waived the right to cancel the paid Service subscription.
5. The User may cancel the paid Service subscription via Privasfer account settings before the end of its then current subscription period. In this case, user’s subscription will not be renewed. If User cancels paid Service subscription until the end of paid subscription period, the User will be able to use paid Service subscription functionality until the end of that particular subscription period. User is not entitled to reimbursement in part or in full of the subscription fee, unless local mandatory law obliges Privasfer to do so.
6. The agreement for paid Service delivery is concluded once the User clicks "Order and Pay" button available at the paid Service subscription section. Paid subscription Service functionality is activated once the paid Service subscription plan has been ordered and monthly subscription fee is credited from User to Privasfer bank account. Unless Privasfer account owner and/or manager cancels the subscription via www.privasfer.com account settings before the last day of subscription (renewal of subscription) as per item 4.5 of the Terms, paid Service subscription is automatically renewed for a next period of one month following the last day of paid Service subscription. The number of such automatic renewals is unlimited.
7. User will be notified via email about the monthly subscription payment credited from User’s bank account via email. All Privasfer invoices issued to a particular User will be available to the User in Privasfer account section "Invoices".
8. Privasfer may introduce new or change existing fees for Services and will give Service Users an advance notice to that end. If 1) the duration for which the subscription monthly fee had been paid has not expired by the time Privasfer notifies the price change to the User and 2) the User has not cancelled the paid Service subscription following the notification of new or amended fees and 3) the User continuous to use paid subscription Services after the expiry of the last paid subscription period has expired, the User will be deemed to have accepted and bound by (and subsequently will be credited in the amount of) the new Service fees once the last paid subscription period has expired. If the User does not agree with the notified price change, such User must cancel his/her subscription of paid Services and stop using such paid Privasfer services by the end of the then-current Privasfer paid subscription Service term (item 4.5 of the Terms apply).
9. The payment service provider may charge User certain fees on top of the Privasfer paid Service subscription fees to process User’s payment. User is advised to check payment service provider "Cardinity" terms and conditions and privacy policy for more information on their fees and other service terms. User credit card data and payment data are stored and processed by “Cardinity” systems. Privasfer accepts following debit and credit cards: Visa, MasterCard, Maestro.
10. Privasfer will terminate paid Service delivery to the User when 1) the User decides to cancel the paid subscription and 2) payment has not been duly processed (e.g. insufficient funds in or expiration of the User bank account, User has changed its bank account).
11. Termination of paid Service delivery or Privasfer account suspension for any reason mentioned in the Terms will result in a loss of access to the respective Privasfer account (or part of its functionality) as well as to data on such an account and, following the expiry of data retention terms, the loss of User’s Content on the Privasfer account.
12. Following termination of paid Service delivery for any reason mentioned in these Terms by Privasfer Privasfer account will not be deactivated. The functionality of such Privasfer account will automatically switch to functionality of the free of charge Privasfer Service account. User will still have access to the Privasfer account. Data on the account will remain accessible until the expiry of data retention term. User can reactivate subscription at any time by ordering paid Service subscription.
LIABILITY
1. To the maximum extent allowed by applicable law, Privasfer is not liable to User or any third party for any damages arising out of or in relation to:
  1. the illegality (according to applicable and local laws) of Content transferred, received, stored by User while using Services;
  2. deletion by Privasfer of the Content after expiry of Content retention period or loss of access to the account suspension, restriction or deletion of the account pursuant to the Terms;
  3. failure to provide correct and accurate information when using Services (e.g. to provide precise recipient contact requisites);
  4. the infringement of these Terms by the User;
  5. incomplete or inaccurate information on www.privasfer.com or Privasfer notices sent to User;
  6. integration process or use of Privasfer application programming interface integration in to User’s software;
  7. User’s computer system, mobile device or software occurred as a result of use of the Services;
  8. Failure by Privasfer to store, transfer or delete a file or for the corruption or loss of any data, information or Content;
  9. third-party services used in relation to Services disregarding the fact whether such third persons are mentioned in these Terms and/or references to particular rules are included in these Terms or not;
  10. caused by Privasfer negligence or any lost profits, revenues, or business opportunities, loss of use, loss of data, loss of confidential or other information, business interruption and any other direct, indirect, special, incidental, criminal, subsequent or consequential damages whatsoever, whether based on contract, tort, negligence, product liability or otherwise, arising out of or in any way related to the use of or inability to use Service, regardless whether Privasfer has been advised or should have had knowledge of the possibility of such damages;
  11. use of Services, including any (temporary) unavailability or (accidental) removal of user’s Content or account;
  12. for third party content published within the Privasfer Services, in links to external websites or the Content, products or services offered on external websites;
  13. User transferring the Content to incorrect recipients (providing incorrect recipient contact data to Privasfer) also for mishandling Content access PIN codes, passwords or links by the recipient.
2. To the maximum extent permitted by applicable law, Privasfer:
  1. provides Service without express or implied warranty of any kind to the User. The User uses Service at your own risk;
  2. disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement or any warranty that the Privasfer service are of any particular quality or purpose;
  3. disclaims any warranty that Services are available on an uninterrupted, secure or error-free basis.
3. User agrees that the sole and exclusive remedy for unsatisfactory Service shall be termination of Service. Notwithstanding anything to the contrary in these Terms, the aggregate liability of Privasfer for all claims relating to Service is limited to the amounts paid by User to Privasfer with respect to User’s subscription for the last month of Service in question prior to the first event or occurrence giving rise to such liability.
4. User will defend, indemnify and hold harmless Privasfer from and against any claims, incidents, liabilities, procedures, damages, losses and expenses (including legal and accounting fees), arising out of or in any way connected with User’s access to or use of Services or User’s breach of these Terms, including any third party claims that Content transferred, received, stored while using Services, infringe any third party rights.
5. Services may provide integration with third-party services. User acknowledge that:
  1. Privasfer is not responsible for any acts or omissions of such third-party services;
  2. Privasfer is not an agent of such third-party services; and
  3. use of those services is subject to any applicable terms and conditions between user and the providers of such services.
6. Privasfer reserves the right to investigate, provide access to Content to law enforcement authorities, temporarily restrict access to and/or permanently delete, without prior notice or liability, any Content and/or accounts, any part of Services, when Privasfer ascertains that user breaches these Terms or acts in violation of any applicable law or regulation.
MISCELLANEOUS
1. Privasfer may terminate the agreement on provision of Privasfer services immediately on notice to User if:
  1. user fails to timely pay any amount owed to Privasfer; or
  2. Privasfer reasonably believes that the Privasfer services are being used by the User in violation of applicable law, or
  3. continued use of the Privasfer services by User creates legal risk for Privasfer or presents a threat to the security of the Privasfer services or other Users; or
  4. User breaches any provision of these Terms or the documents referred to in these Terms.
2. Privasfer’s failure to enforce a provision is not a waiver of its right to do so later.
3. If any (part of a) provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
4. User may not assign any of User’s rights under these Terms. Privasfer is at any time entitled to assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with Services without User’s consent or any other restriction.
5. These Terms and any non-contractual obligations arising out of or in connection with it will be governed by the law of the Republic of Lithuania (with the exception to Lithuanian private international law), taking account of applicable compulsory provisions arising from local laws of User jurisdiction (e.g. local consumer protection or laws).
6. User and Privasfer shall resolve their conflicts by way of negotiations. Failing to agree during negotiations any disputes relating to or arising from these Terms will be submitted to the exclusive jurisdiction of the competent court in the Republic of Lithuania unless mandatory legal acts establish otherwise. Privasfer reserves the right to choose to resolve the dispute in the competent court of User’s jurisdiction.
7. User may deliver a complaint to Privasfer when User has reasonable ground to believe that Privasfer has infringed these Terms or other consumer rights of User. Privasfer will investigate such User’s compliant pursuant to the order prescribed by applicable law. User may also resort to available pre-court consumer dispute settlement, should these be available under applicable law.
8. Unless applicable laws require otherwise, Privasfer does not accept and investigate complaints of Users or third parties alleging that another User or third party has infringed their rights (e.g. complaints regarding illicit Content or illicit use thereof in relation to Service use). Privasfer is not in the position to access the Content or to thoroughly investigate such complaints, thus, advises any person or organization to report the alleged User or third-party misconduct to law enforcement agency or to resort to civil procedures available to such User or third party under applicable local laws. Privasfer aims to comply with any law enforcement agency or court order or requests. Upon reception of such a request, Privasfer may upon its sole discretion decide to report a matter to competent authorities, to examine the matter and/or to disclose transferred Content to competent governmental authority or court as may be prescribed by applicable law.
9. Privasfer can occasionally update these Terms and change paid subscription Service fees to reflect changes in Privasfer practices and Services. The amended Terms will become effective upon them being posted on www.privasfer.com, or at such later date as may be stated on the amended Terms. Therefore, we recommend that users review the Terms from time to time and take note of any changes. By continuing to use Services Users accept the amended Terms. In case of material changes to the Terms, Users will be informed prior to the change:
  1. at the moment user uses the Services, or
  2. by a message via contact details User has provided Privasfer by the User, or
  3. by posting of the notice of the Terms change on www.privasfer.com.
10. To the maximum extent allowed by applicable law Privasfer may unilaterally in its own discretion without notification change to the User, terminate or expand Services and/or Terms. In the event User doesn’t accept a change of the Terms, the User must suspend use of Services and/or delete Privasfer account. Continuous use of Services by the User following the change of the Terms and/or Privacy Policy will be deemed to be an acceptance of the Terms and/or Privacy Policy as amended. Should the User use paid Service plan, the amendment of Terms shall come into force as of the next Service plan payment period for that particular User.
11. If you have questions about the terms or Services, please contact Privasfer at policy@privasfer.com or phone 852030089. Our preferred languages for communication with clients are English and Lithuanian.