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Terms of Service

Overview of Our Services

Privacy Practical acts in good faith to improve your digital privacy and that of the public at large in our operation of the Services and the Websites. Privacy Practical makes an effort to remove personal information about you from the online services listed on [Exhibit A] (herein collectively “data brokers” or “data broker services”.) For more information on our Services, please visit our FAQ page. To provide our Services to you, you must provide us with the required information that we request from you and hereby agree to these Terms and any other terms and conditions contained on our Websites.

A few key points

  • We do not sell your data, period.
  • We only transmit your data un-anonymized to third parties when necessary to provide our Services and as consented to by you. (i.e., to send opt-out requests to data brokers)
  • We do not use Google Analytics on our websites.
  • We act in good faith when serving you. If you change your mind about using our Services, you can get a refund during the seven (7) Cancellation Period or a partial refund if applicable. See the Subscription Cancellation or Termination section below for all of the details.
  • Please don’t do bad stuff to or with our Websites.

Acceptance of These Terms by You

BY USING THE SERVICES PROVIDED BY PRIVACY PRACTICAL, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND HEREBY ENTER INTO THIS LEGAL AND BINDING CONTRACT WITH US, WHICH IS SUBJECT TO ALL OF THESE TERMS AND ANY OTHER TERMS AND CONDITIONS CONTAINED ON OUR WEBSITES. If you refuse to agree to these Terms and any terms and contained on our Websites, Privacy Practical hereby immediately revokes any permission for you to access or otherwise use our Websites or Services.

Subscription Fees

For us to provide our Services to you, you hereby agree to pay us in advance the subscription fee (herein the “Subscription Fee”) that you choose when you sign up with us. Privacy Practical reserves the right to change Subscription Fees at any time.

Subscription Cancellation or Termination

You may for any reason choose to cancel your subscription to the Services within seven (7) days of subscribing to our Services (“Cancellation Period”) by emailing us at support@privacypractical.com. If you cancel our Services during the Cancellation Period and provided that you have not otherwise breached these Terms, then you will be entitled to a full refund. In providing our Services, eighty percent (80%) of our work related to providing our Services will be performed in the first thirty (30) days following the Cancellation Period. The remainder of our work related to our Services will be performed periodically over the remaining term of the annual subscription. Following the Cancellation Period, you may terminate our Services by providing ten (10) days’ advance notice to us at support@privacypractical.com, If you terminate our Services following the Cancellation Period and provided that you have not breached these Terms, then you will receive a refund based on the amount of work performed by us taking into account that eighty percent (80%) of our work will be performed in the first thirty (30) days following the Cancellation Period and based upon the time left on your annual subscription. Following proper receipt of your cancellation during the Cancellation Period or proper receipt of your termination of our Services and the expiration of the ten (10) days’ advance notice, we will not bill you further. Notwithstanding the foregoing, if you have breached any of these Terms, you hereby agree that your Subscription Fees shall be non-refundable upon your cancellation or termination of our Services. You hereby agree that we can immediately terminate our Services at any time by emailing you at the email address that we have on file for you, and refunds, if any, will be based upon the same terms as described above. Upon termination or cancellation of our Services, we shall promptly delete any information obtained from you.

Product Refunds

When purchasing a physical product, such as a privacy phone, from our store you will have 30 days from the delivery date of the phone to initiate a return by contacting our support via our email support@privacypractical.com or our contact page. Upon receiving and accepting your request we will reach out to you with instructions on how to return the product. The refund will be issued upon our receiving the product in the state we shipped it to you in.

The product must be shipped to us within 7 days of your return being accepted. If your order originated in the US it must arrive at our return address within 8 days of shipment. International orders will be given 20 days from date of shipment.

While we perform quality checks on every product we send out, we will provide you a full refund and cover the cost of return shipping in the event we ship you a defective product or a product different from what you ordered. Upon receiving the product in the condition we shipped it to you in we will refund your full payment plus 10 USD if you ordered the product within the US or 25 USD if you ordered internationally.

In the event you return a product because you are dissatisfied with the product or regret your purchase, we will issue a full refund of your initial payment but you will have to pay for return shipping.

Returns where the product is not returned to us in its original condition will not be accepted. This includes visible scratching on the screen when held from a foot away. In the event the product return arrives to us damaged, whether by fault of the delivery service or by negligence in packaging the product, we can ship it back to you at your expense or keep it with no refund issued.

Changing these Terms

In its sole discretion, Privacy Practical reserves the right to amend or terminate these Terms at any time. Changes shall become effective on the date that is posted on the amended Terms at privacypractical.com/tos (this page). The publication date of these Terms can be found at the aforementioned page (this page). By continuing to use the Services or Websites after any changes to these Terms have been posted, you hereby agree to be subject to such updated Terms.

Accuracy of Information Provided to Us

In agreeing to these Terms, you confirm and agree to only provide information to Privacy Practical that is both your own and accurate. As determined in the sole discretion of Privacy Practical, we reserve the right to terminate our Services and/or to deny your current and future use of any and all of the Services and Websites if you provide information that is not your own or is suspected for any reason not to be your own. If you provide information that is inaccurate, untrue, incomplete, and/or not provided at all, you are in breach of these Terms, and Privacy Practical reserves the right in our sole discretion to terminate our Services and to deny you current and future use of any and all of our Services and Websites.

Your Ownership Over Your Data

Privacy Practical does NOT sell the data that you provide to us, and we will act in good faith with such data provided to us. You retain ownership over your data. However, in providing Services to you, Privacy Practical must submit opt-out requests containing your information to the data brokers. Without doing so, we will be unable to fulfill our Services for you as it is required to identify your record on the data broker services in order for them to fulfill any opt-out requests that we make on your behalf. By doing so, we are transmitting your data to a third-party, and we cannot control how such third-party data broker services will handle your information. BECAUSE WE HAVE NO CONTROL OVER THIRD PARTIES AND BECAUSE YOU ARE AGREEING FOR US TO RELEASE YOUR INFORMATION TO SUCH THIRD PARTIES WHILE PROVIDING OUR SERVICES, YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY RELATED TO THE USE OF YOUR DATA BY THIRD-PARTY DATA BROKERS. THIS RELEASE OF LIABILITY SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF OUR SERVICES.

Prohibited Use of This Service by Minors

Our Services and Websites are designed for individuals over the age of 18. Legal guardians of a minor may enroll in the Services on behalf of the minor. In the sole discretion of Privacy Practical, we shall promptly terminate our Services if we suspect or know that Services are being provided to a minor.

Reasonable Expectation for the Fulfillment of Services

Privacy Practical will make a reasonable, good faith effort to submit opt-out requests on your behalf to data brokers for the purpose of attempting to remove your information from such data broker services. Notwithstanding, Privacy Practical cannot guarantee that these data broker services will comply with opt-out requests sent by you or Privacy Practical and in fact remove or suppress your data as we request in such opt-out requests.

Acknowledgment of Unintended Consequences

You acknowledge use of the Services provided by Privacy Policy may have unintended consequences. As you are requesting our Services to potentially increase your privacy on the Internet, sometimes it may make it more difficult to locate or search you on the Internet (including those that you might in fact want to search or locate you).

Indemnity

BY ACCESSING THE WEBSITES AND/OR USING OUR SERVICES, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD PRIVACY POLICY AND OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, AFFILIATES, LICENSORS, AND LICENSEES (COLLECTIVELY “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY LIABILITY AND COSTS, INCLUDING, WITHOUT LIMITATION, REGULATORY PENALTIES, ATTORNEYS’ FEES, AND COSTS INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH OR IN ANY WAY RELATED TO ANY CLAIM ARISING OUT OF YOUR BREACH OF THE TERMS, OUR SERVICES OR WEBSITES, YOUR INFRINGEMENT OF ANY OF YOUR REPRESENTATIONS, AGREEMENTS, OR ACKNOWLEDGMENTS HEREIN, OR ANY ACTION TAKEN BY PRIVACY POLICY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THESE TERMS OR AS A RESULT OF OUR FINDING OR DECISION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS INDEMNIFICATION PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS, AND YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. PRIVACY POLICY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER RELATED HERETO WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF PRIVACY POLICY.

The Indemnified Parties shall give you, the party from whom we are seeking indemnification (the “Indemnifying Party”): (a) reasonably prompt notice of the relevant claim; provided, however, that failure to provide such notice shall not relieve the Indemnifying Party from its liability or obligation hereunder except to the extent of any material prejudice directly resulting from such failure; (b) reasonable cooperation, at the Indemnifying Party’s expense, in the defense of such claim; and (c) the right to control the defense and settlement of any such claim, subject to the provisions set forth in the paragraph above. THE INDEMNITY PROVISIONS IN THIS SECTION SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF OUR SERVICES.

Permission to Represent You When Dealing with Data Broker Services

For us to legally submit opt-out requests on your behalf to many data broker services, you hereby grant Privacy Practical a Limited Power of Attorney. By accepting these Terms, you hereby grant Privacy Practical a Limited Power of Attorney to act on your behalf when providing our Services and specifically: (i) to submit opt-out requests to specified data broker services; (ii) to sign documents on your behalf to opt-out; (iii) submit emails on your behalf to data broker services; (iv) create accounts for you on sites that require accounts for the purposes of opting-out; and (v) any other necessary actions that we deem reasonable in the course of trying to opt-out via suppression or removal of your data from data broker service platforms. This Limited Power of Attorney will remain in full force and effect until the termination or cancellation of our Services or these Terms.

Limitation of Warranties

Privacy Practical will act in good faith to remove your data from sites listed on Exhibit A. Privacy Practical has no control over these third-party data broker services and makes no claims that we will remove all information about you from the Internet. PRIVACY PRACTICAL SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITES AND OUR SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICES. ALL SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, USE OF OUR WEBSITES AND SERVICES IS AT YOUR OWN RISK. FURTHER, PRIVACY PRACTICAL DOES NOT WARRANT THAT OUR SERVICES OR WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT IS PRIVACY PRACTICAL LIABLE TO YOU, WHETHER WITH RESPECT TO ITS OBLIGATIONS UNDER THE TERMS OR OTHERWISE, FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER LOSS OF PROFIT, REVENUE, DATA, OR GOODWILL, WHETHER INCURRED OR SUFFERED AS A RESULT OF OUR SERVICES, WEBSITES, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF PRIVACY PRACTICAL IS EVER HELD LIABLE BY A COURT FOR ANY REASON RELATED TO OUR SERVICES OR WEBSITES OR YOUR USE THEREOF, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PRIVACY PRACTICAL HEREUNDER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND EXCEED THE AMOUNT, IF ANY, OF THE SUBSCRIPTION FEES PAID HEREUNDER TO PRIVACY PRACTICAL BY YOU IN THE CALENDAR YEAR IN WHICH THE DIRECT DAMAGES ARE INCURRED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. THE LIMITATION OF WARRANTIES PROVISIONS IN THIS SECTION SHALL SURVIVE ANY CANCELLATION OR TERMINATION OF OUR SERVICES.

Force Majeure

You will not hold Privacy Practical liable for failure to adhere to these Terms to the extent that the cause of the failure(s) or delay in providing Services or the availability of the Websites can be attributable to circumstances beyond the reasonable control of Privacy Practical, including but not limited to acts of terror, natural disasters, riots, restrictions of laws, governmental regulation or directives, war, international hostilities, insurrection, revolution, epidemic, pandemic, restraints or delays in our receiving required services or goods, lock-outs, labor disputes, strikes, breakdown, interruption, or failure of telecommunication, network, or digital transmission links, Internet failures or delays, third-party mechanical or other equipment breakdowns, fire, explosions, fiber optic cable cuts, storms, and acts of God, or other similar events to those stated herein. The provisions of this Force Majeure section shall survive any cancellation or termination of our Services.

Intellectual Property

As between you and Privacy Practical, our Website, logos, and trademarks are and shall remain the sole and exclusive property of Privacy Practical, including all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein or appurtenant thereto. All rights not expressly granted to you herein are reserved to Privacy Practical. You further agree not to infringe upon or violate any patent, copyright, trade secret, trademark, or other intellectual property right of any third party that may be included on our Websites. The provisions of this Intellectual Property section shall survive any cancellation or termination of our Services.

Fair Usage

In agreeing to these Terms, you hereby agree that you will not under any circumstances engage in the following activities or activities of a similar nature. Further, you hereby acknowledge that doing so will qualify as a breach of these Terms resulting in the termination of your use of the Websites and Services. If Privacy Practical, in our sole discretion, suspects you of engaging in any of such activities listed below or activities of a similar nature, activities we deem morally unacceptable, or otherwise illegal activities, we reserve the right (but not the duty) to take corrective actions to protect the interests of Privacy Practical or others from such unacceptable usage.

The following activities are prohibited under these Terms, and you shall not engage in them or any activities of a similar nature under any circumstances:

  • Using our Websites or Services to transmit content that is illegal in the United States or the location where transmission is received or to be received
  • Using our Websites or Services to transmit any malicious content such as viruses, trojans, spyware, backdoors, or any other such malicious code or code containing such code
  • Sub-licensing or reselling the Services or access to the Websites Embedding our Websites via iframes or otherwise attempting to mirror the sites
  • Attempting in any way to collect or harvest information from our Websites or information obtained for us to provide Services
  • Penetration testing or otherwise scanning and testing for vulnerabilities in our Websites, bypassing security or authentication measures, or engaging in any action that results in any interruption of use of our Websites
  • Otherwise using our Websites or Services in a manner that they are not intended or as described in these Terms

Governing Law

THESE TERMS, THE TERMS AND CONDITIONS CONTAINED ON OUR WEBSITES, AND ANY ACTION(S) RELATED THERETO OR TO OUR SERVICES OR USE OF OUR WEBSITES SHALL BE GOVERNED AND INTERPRETED BY THE LAWS OF THE STATE OF TEXAS WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. YOU HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION IN THE FEDERAL AND STATE COURTS OF TEXAS. YOU HEREBY ACKNOWLEDGE, CONSENT, AND STIPULATE TO THE FEDERAL AND STATE COURTS OF TEXAS, THE FAIRNESS AND CONVENIENCE OF PROCEEDING IN SUCH COURTS, AND THE COVENANT NOT TO ASSERT ANY OBJECTION TO PROCEEDING IN SUCH COURTS. When accessing our Websites and Services from a place outside the State of Texas, you shall be responsible for complying with the local laws, mandates, and jurisdictions of that location. You hereby agree that you shall not use our Websites or Services in such a way that violates US export laws or regulations. The provisions of this Governing Law section shall survive any cancellation or termination of our Services.

Severability

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.

Privacy

By agreeing to these Terms, you are also agreeing to the terms contained in our privacy policy, which is incorporated by reference as though fully set forth herein. We would ask that you read our privacy policy from time to time as we might update it.

Entire Agreement

These Terms and the terms and conditions contained on our Websites are the final, complete, and+ exclusive agreement between you and Privacy Practical with respect to your interactions with Privacy Practical and the Services and products that we provide. These Terms and the terms and conditions contained on our Websites shall supersede all prior discussions, proposals, understandings, and all other written or oral agreements between Privacy Practical and you regarding such subject matters.

Miscellaneous Provisions

Your right to use the Websites or have access to our Services is not transferable or assignable by you. Our failure to enforce any provision of these Terms will not be deemed to be a waiver of such provision or of the right to enforce such provision. The provisions of the Severability, Privacy, Entire Agreement, and Miscellaneous Provisions sections shall survive any cancellation or termination of our Services.

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