Terms of Service

Agreement to Terms

These Terms of Service ("Terms", "Agreement") govern your use of the Privly AI cybersecurity platform and services ("Service") operated by Privly AI Pty Ltd (ABN 12 345 678 901) ("Privly AI", "we", "our", or "us").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service. These Terms constitute a legally binding agreement between you and Privly AI.

Definitions

For the purposes of these Terms:

• "Service" refers to the Privly AI cybersecurity platform, including all software, applications, data, reports, and related services provided by Privly AI.
• "Customer" or "you" refers to the individual or legal entity accessing or using the Service.
• "Account" refers to your registered account for accessing the Service.
• "Confidential Information" includes all non-public, proprietary information disclosed by either party.
• "Personal Data" has the meaning given in the Privacy Act 1988 (Cth) and applicable privacy laws.
• "Intellectual Property" includes all patents, trademarks, copyrights, trade secrets, and other proprietary rights.

Service Description

Privly AI provides an AI-powered cybersecurity platform that offers:

Core Services

• Domain and brand monitoring for typosquatting and impersonation
• Executive and employee protection services
• Threat intelligence and security analytics
• Compliance monitoring and reporting
• Incident detection and response coordination
• Security assessments and vulnerability reporting

Service Availability

We strive to maintain 99.8% uptime for our services. However, the Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our reasonable control. We will provide advance notice of planned maintenance when possible.

Account Registration and Security

Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Have the legal authority to bind your organisation to these Terms
• Provide accurate and complete registration information
• Maintain and update your account information

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorised use of your account
• Enabling multi-factor authentication when available
• Using strong, unique passwords for your account

Acceptable Use Policy

Permitted Uses

You may use the Service to:

• Monitor and protect your organisation's digital assets
• Detect and respond to cybersecurity threats
• Generate compliance and security reports
• Protect executives and employees from digital threats
• Access threat intelligence relevant to your organisation

Prohibited Uses

You may not use the Service to:

• Engage in any illegal, harmful, or malicious activities
• Monitor entities without proper authorisation
• Reverse engineer, decompile, or attempt to extract source code
• Interfere with or disrupt the Service or servers
• Use the Service for competitive intelligence against Privly AI
• Share account credentials with unauthorised parties
• Attempt to gain unauthorised access to any systems or data
• Use the Service in a manner that violates applicable laws or regulations

Payment Terms and Billing

Subscription Plans

Our Service is offered through various subscription plans with different features and pricing. Current plans and pricing are available on our website and may be updated from time to time.

Payment Processing

• All payments are processed securely through Stripe
• Subscriptions are billed in advance on a monthly basis
• All fees are in Australian Dollars (AUD) unless otherwise specified
• Payment is due immediately upon invoice
• We accept major credit cards and bank transfers

Refund Policy

Refunds are provided at our discretion and in accordance with Australian Consumer Law. Generally, we do not provide refunds for:

• Services already delivered or consumed
• Voluntary cancellations mid-billing cycle
• Account terminations due to policy violations

Late Payment and Suspension

If payment is not received within 30 days of the due date, we may suspend your access to the Service until payment is received. We will provide advance notice before any suspension.

Data Protection and Privacy

Data Processing

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms part of these Terms. By using the Service, you consent to the processing of your data in accordance with our Privacy Policy.

Customer Data

You retain ownership of all data you provide to us ("Customer Data"). We will:

• Process Customer Data only to provide the Service
• Maintain appropriate security measures to protect Customer Data
• Not sell, rent, or otherwise commercialize Customer Data
• Return or delete Customer Data upon termination (subject to legal requirements)

Data Sovereignty

All Customer Data is processed and stored within Australia, ensuring compliance with local data sovereignty requirements and applicable privacy laws.

Intellectual Property Rights

Privly AI Property

The Service, including all software, algorithms, data models, interfaces, and content, is owned by Privly AI and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Customer Property

You retain ownership of your Customer Data and any intellectual property you provide. By using the Service, you grant us a limited license to process your data solely to provide the Service.

Feedback and Improvements

Any feedback, suggestions, or improvements you provide regarding the Service become the property of Privly AI and may be used to enhance our services without compensation to you.

Disclaimers and Limitation of Liability

Service Disclaimers

While we strive to provide accurate and comprehensive security monitoring, you acknowledge that:

• No security system can guarantee 100% protection against all threats
• The Service may not detect all security incidents or vulnerabilities
• Threat intelligence is based on available information and may not be complete
• Third-party data sources may contain inaccuracies or become unavailable

Limitation of Liability

To the maximum extent permitted by law, Privly AI's total liability for any claims arising from or related to the Service shall not exceed the amount paid by you for the Service in the 12 months preceding the claim.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy that you may have under the Competition and Consumer Act 2010 (Cth) or any similar state or territory legislation that cannot be lawfully excluded, restricted, or modified.

Termination

Termination by You

You may terminate your account and these Terms at any time by:

• Canceling your subscription through the platform
• Contacting our support team
• Providing 30 days' written notice for annual subscriptions

Termination by Privly AI

We may terminate your access to the Service immediately if you:

• Breach any provision of these Terms
• Fail to pay fees when due (after notice and opportunity to cure)
• Engage in illegal or harmful activities
• Violate our Acceptable Use Policy

Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• You remain liable for all fees incurred prior to termination
• We will delete or return your Customer Data as required by law
• Provisions that by their nature should survive termination will continue to apply

Governing Law and Jurisdiction

These Terms are governed by the laws of New South Wales, Australia, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of New South Wales.

Dispute Resolution

Before commencing any legal proceedings, the parties agree to attempt to resolve disputes through:

• Direct negotiation in good faith
• Mediation through a mutually agreed mediator
• Arbitration if mediation is unsuccessful (for disputes over $50,000 AUD)

General Provisions

Changes to Terms

We may modify these Terms from time to time. We will provide notice of material changes by email or through the platform. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, or network failures.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Privly AI regarding the Service and supersede all prior agreements and understandings.

Contact Information

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