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General Terms and Conditions of Services

The General Terms and Conditions (also "Terms" or "Terms of Service") apply to the supply of all our products and services to our Clients. If you are purchasing any Privus products and services, offered by Bit Armor AG, you need to read and agree to these Terms and Conditions.

When we refer to Privus Services hereafter, we are referring to the encryption services that we provide in connection with our closed network system. For further details please see the description of Privus Services in the Apple and Google App stores.

1. Standard Agreement

These General Terms and Conditions form part of the agreement ("Agreement") between Bit Armor AG ("Bit Armor", "we", "us", "our") and each of its Clients ("you," "your" or "Customer") for supply of the Privus branded products and services. This Agreement governs both the service and any devices, software and equipment ("Device" or "Software" or "Equipment") used in conjunction with the provision of Privus Services. By using the Privus Services, you acknowledge you have read and understood the Terms and Conditions of this Agreement and you agree to the Terms and Conditions of this Agreement. By using our services you further represent that you are of legal age (i.e. at least 18 years of age) to enter this Agreement and become bound by its Terms.

If your contract with Bit Armor entitles your employees to use the Privus Services (as specified in the contract), your business must ensure that your employees are familiar with the Terms and Conditions. You are responsible for your employees' use of Privus Services.

a. Fair Use Policy

It is important to Bit Armor that all eligible Clients are able to access Privus Services. For this reason, we consider that the duration of any calls in excess of 2 hours in one single session (i.e. phone/video call) constitutes excessive use. Such calls may be automatically terminated by the Privus system without any further notice or warning.

b. Emergency Service- 112/911 Dialling

It is important that Clients understand that, for security reasons, the service has no connection whatsoever to the Public Switched Telephone Network (PSTN). This means that Clients cannot reach any emergency services numbers through our network.

c. Loss of Service Due to Power Failure, Internet or Telco Provider Outage

You acknowledge and understand that the Privus Service requires a fully functional broadband connection to the Internet (which is not provided by Bit Armor) and does not function in the event of power or internet failure. In the event of termination of service by your internet service provider ("ISP") and/or telco provider and/or broadband provider and/or electricity supplier, the Privus Services will not function, but you will continue to be billed for the Privus Services. Privus Services will not function until the outage is restored by third parties.

d. Service Outage Due to Suspension of Your Account

You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Privus Services.

e. Other Service Outages

You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Privus Services. Such outages may occur for a variety of reasons, including, but not limited to those reasons described elsewhere in this Agreement.

f. Service Quality

Bit Armor endeavours to provide quality service to its Clients but cannot guarantee fault free or uninterrupted service due to factors beyond its control. These factors may include, but are not limited to, external & network outages, firewalling or blocking by ISPs, governments and/or telecommunication providers, poor or congested internet connection, equipment or software not supplied by Bit Armor, quality of lines & cables as well as events as defined in the "Liability" section.

Bit Armor reserves the right to perform maintenance activities as required for a variety of reasons and every effort will be made to minimise any adverse impact on service quality.

Bit Armor may make improvements and changes to the service at any time without notice.

g. Limitation of Liability

You acknowledge and understand that Bit Amor's (including its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns) liability is excluded for any service outage as set forth in this document. Technical access to the services concerned (e.g. internet, electricity) is in the sole responsibility of the Customer. Bit Armor likewise rejects all and any responsibility for the hardware and software required for using the Privus Services.

h. Territorial restriction

Due to regulatory requirements, Bit Armor may have to restrict the Privus Services in certain countries. This will have no impact on the subscription fees.

2. Privus Service

a. Terms

Privus Services are offered on an annual subscription basis ("Subscription Period"). Use of the Privus Services requires payment of the annual subscription fee. The Subscription period shall automatically renew from year to year (i.e. on a rolling basis), unless notice of termination is given in writing by recorded delivery by either party 40 days prior to the end of a Subscription Period. Renewal rates are subject to change, but we will always notify you at least 60 days before the end of a Subscription Period about changes of the annual subscription fee. Discontinuing the use of Privus Services by the Customer does not automatically lead to service termination.

The first Subscription Period begins on the date that Bit Armor activates your Privus Services and ends on the day before the same date in the following year unless otherwise specified in the contract. The next Subscription Period starts the following day unless the Client gives notice of termination to Bit Armor in accordance with this Agreement.

You are purchasing the Privus Services for full annual terms, meaning that if you terminate the subscription prior to the end of a Subscription Period, you will not be reimbursed for any time remaining in your subscription. Bit Armor reserves the absolute right to provide the Privus Services to any Clients at its sole discretion and is not obliged to disclose the reason of refusal.

You acknowledge and understand that Bit Armor is technically not able to access and store any data other than metadata.

b. Payment

Bit Amor will send you the invoice for the next Subscription Period 40 days prior to the end of the current Subscription Period. The Invoice will be sent by email and/or regular post. It is your responsibility to keep us informed about any changes regarding your postal address and email address.

The payment period is 30 days as of receipt of the payment request i.e. date of an invoice. Specific payment periods are reserved. In case of late payments the legal consequences apply automatically. The default interest is 5% p.a.

c. Lawful Use of Service and Devices

You agree to use the service, Software and Devices exclusively for lawful purposes. This means that you agree not to use any of our services for transmitting or receiving any communication or material of any kind which (i) would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable national or international law or (ii) encourages conduct that would constitute a criminal offence, give rise to a civil liability, or otherwise violate any applicable national or international law. Bit Armor shall not be liable for illegal or non-contractual use of the service, Software and/or Devices it provides.

The services we provide are subject to the laws of the Swiss Confederation where our Headquarters are located. We will comply with any lawful order from a Swiss court. You should be aware that Bit Armor will fully comply with all legitimate law enforcement authorities (national and international) and do all it can to help such authorities should we become aware that our services are being used, for example, in support of 1) terrorism 2) paedophilia 3) drugs trafficking or 4) arms trafficking.

You agree to indemnify Bit Armor (including its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns) in full from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of Privus Services otherwise than in accordance with these Terms or applicable laws.

d. Due Diligence on the Part of the Customer

In the event of the mobile phone being lost, mislaid or – especially – stolen, Bit Armor is to be notified immediately, so that Privus Services can be blocked.

e. Know Your Client / Due Dilligence

Given the potential for abuse of Privus Services to impede legitimate lawful criminal investigations, Bit Armor has adopted a strict KYC/DD policy in regards to our Clients. As such, Bit Armor may require that Clients disclose personal and business information in order to satisfy our requirements that Privus Services will only be used in a lawful manner before providing any services. Bit Armor retains the absolute right to refuse service to anyone or any entity at its sole discretion. Furthermore, Bit Armor reserves the right to cancel without warning or refund any Customer accounts that are deemed to have provided false or misleading information or have in any way violated our Terms of Service.

f. Data Protection

Bit Armor undertakes to abide by Swiss data-protection legislation.

For individual details in this respect, please refer to Bit Armor's statement regarding customer data privacy (LINK). The Customer accepts that data transferred during use of Privus Services may be transmitted beyond jurisdictional boundaries.

g. Confidentiality

The Customer acknowledges that detailed information regarding commercial relationships and master data (e.g. name, address) are in principle confidential, but that the legal obligation to maintain confidentiality may be waived to defend the legitimate interests of Bit Armor; with particular reference to the following cases: (i) The existence of a statutory obligation to provide information, (ii) the enforcing of claims on the part of Bit Armor, (iii) legal disputes.

h. Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software

The services and Device and any firmware or software used to provide Privus Services or provided to you in conjunction with providing Privus Services, or embedded in the Device, and all services, information, documents and materials on Privus website are protected by trademark, copyright or other intellectual property laws and international treaty provisions. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of Bit Armor are and shall remain the exclusive property of Bit Armor and nothing in this Agreement shall grant you the right or license to use any of such marks.

The Customer shall also hold Bit Armor harmless for all third-party claims that might arise from infringement, on the part of the Customer, of intellectual property rights.

i. Use of Our Software and Services

You agree to use our software to connect solely to our services and network and will not attempt to hack, subvert, reverse engineer, decompile or otherwise modify, tamper with, redistribute or undermine our software and/or our network without prior written authorization. Bit Armor reserves the right to terminate any account without prior warning that violates these Terms of Service and to seek legal redress against those that not cease and desist such actions.

You also agree to not use the services, Software and Devices to send spam to Clients that have not specifically agreed to be contacted by you.

j. Liability

Bit Armor (including its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns) shall not be responsible for and disclaims all liability for any loss, damage (whether direct, indirect or consequential), forgone profit, data loss, personal injury and/or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to (i) your access and use of our services and/or this website, (ii) any information contained on the website, (iii) your or your company's personal information or material and information transmitted over our system.

In particular, Bit Armor (including its subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, and assigns) shall not be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, damage (whether direct or consequential), foregone profit, loss of data, personal injury and/or expense of any nature whatsoever arising from force majeure, any technical defects, illegal interference with telecommunications equipment and networks, network overload, any delays, inaccuracies, government and/or legal action, errors and/or omissions committed in good faith by Bit Armor.

k. Warranties

Bit Armor acts in good faith and always strives to ensure the quality and absolute security of its products and services, but makes no express or implied warranties, representations, statements or guarantees (whether express, implied in law or residual) in this respect, about this website and about the services we provide.

l. Termination/Suspension of Accounts

Bit Armor reserves the right to deny service, suspend or terminate without warning any account that is found to be or is reasonably deemed to be in violation of these Terms of Service.

m. External links

External links may be provided for your convenience, but they are beyond the control of the website owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk

3. Miscellaneous

Any failure to exercise or enforce any right(s) or provision(s) of these Terms shall not operate as a waiver of such right(s) or provision(s).

4. Severability

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

5. Applicable Law

This Agreement shall be governed in all respects by the laws of the Canton of Zug, Swiss Confederation. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws rules are excluded.

All actions commenced pursuant hereto shall be exclusively brought in a state court of competent jurisdiction residing in the Canton of Zug, except that Bit Armor shall be entitled at its own free discretion to take action against a Customer before any competent court of jurisdiction.

Terms and Conditions Bit Armor AG, Version 1.1, July 2016