The Website www.privacyboard.co (hereinafter the "Website") published by unmake.io (hereinafter "we", "us" or "Unmake") in France provides you access to the PrivacyBoard Solution (hereinafter "PrivacyBoard") in order to assist you in complying with the General Data Protection Regulation (GDPR) (hereinafter the "Services").

These Terms of Service (hereinafter the “Terms”) are entered into by the organization referenced in the signup form (hereinafter the "Customer" or "you") and Unmake to subscribe to the Services and govern your use of PrivacyBoard.

These Terms of Service constitute a legally binding agreement made with you concerning your access to and use of the Website and the Services. They include the present Terms, our Privacy Policy and our Data Processing Agreement (hereinafter the "Agreement", all available on www.privacyboard.co), which you acknowledge that you have read, understood et agree to be bound with when submitting the signup form and creating an account (hereinafter "User account") on PrivacyBoard.

If you do not agree with or cannot comply with this Agreement, then you may not subscribe to the Services or discontinue using PrivacyBoard immediately. Please let us know by emailing us at hello@privacyboard.co so we can try to find a solution adapted to you.

1. SERVICES

We assist you with compliance to data protection in relation with the GDPR, but we are neither lawyers nor a law firm. We do not engage in the practice of law or provide legal advice or legal representation. All information and Services provided through the Website don’t create a lawyer-client relationship and are for general information and self-help purposes only. They are not intended to be a substitute for professional legal advice.

We provide you with a software Solution, PrivacyBoard, that you access through a User account remotely via the cloud and that you can use to generate documents such as policies, data protection agreements and other documents using information related to your business or organization that you enter into the PrivacyBoard generators (hereinafter the "Documents"). You acknowledge that Unmake will have no responsibility or liability for the Customer’s compliance with the GDPR or any other applicable laws and regulations.

The Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from those locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

It is your responsibility to determine whether the Services are appropriate for your use. We may notify you at any time that a particular Document may need to be updated to adapt to changes in applicable laws or other guidances, rules or regulations, and you are responsible for determining whether to update the Documents generated.

We do not warrant that the documents will meet your specific objectives or protect your specific interests. The Documents are not provided with any warranty as to their quality or fitness for a particular purpose. The Documents are general in nature and may not be sufficient to protect you from a specific risk, problem or dispute. You should not rely on any Document as a substitute for seeking legal advice from an attorney.

2. ACCOUNTS

Through the initial signup, every Customer has access to the free features available on PrivacyBoard such as the privacy policy generator and the cookie policy generator ("Free account"). The subscription entails the creation of a User account, which is personal, and that can manage the profile of several organizations at once (hereinafter "Company profile").

Upon Purchase, the User gets access to additional features made available through the Services (hereinafter "Paid account") and may be asked to supply certain information relevant to the purchase including, without limitation, your full name, credit card number, the expiration date of the credit card and your billing address. Depending on your needs, you may want to access more or all of the Services by creating a Paid account or upgrading from a Free account to a Paid account, you can do so directly in your PrivacyBoard User account.

By using the Services, you represent and warrant that you have the legal capacity to enter these Terms and comply with them; and that all information you submit is true, accurate, current, and complete and will be maintained promptly updated, especially in relation to your User Account and Purchase information.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

3. PURCHASE

Fees for a Paid Account (“Subscription Fees”) shall be billed on a periodic basis (hereinafter "Billing cycle"). Billing cycles are set on a monthly and/or annual basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it through your User Account or Unmake cancels it. 

You represent and warrant that you have the legal right to use any credit card or other payment method in connection with the Purchase and that the information you supply to us is true, correct and complete and will be kept updated in your Paid account.

We may require the use of Third-party integrations and services (hereinafter "Third-party Services") for the purpose of facilitating payment and the completion of Purchases. By providing your information, you grant us the right to provide the information to these Third-parties subject to our Privacy Policy. Unmake makes no warranties or representations of any kind and assumes no liability whatsoever for the Customer’s use of such Third-party Services.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons, fraud or an unauthorized or illegal transaction which is suspected.

4. SUBSCRIPTION FEES

Unmake in its sole discretion and at any time, may modify Subscription Fees for the Paid Accounts. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. Unmake will provide you with a reasonable prior notice of any change in Subscription Fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Services after a Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription Fee amount.

5. END OF SUBSCRIPTION & TERMINATION

These Terms will remain in full force and effect while you use the Services and the Website. You can cancel your Subscription at any time during the current Billing Cycle and before the renewal date by logging into your User account or contacting us at hello@privacyboard.co. Your cancellation will take effect at the end of your current Billing Cycle.

Please note that we only issue refunds within seven (7) days following the Purchase of a Paid account and at the express request of the User who made the Purchase.

We may terminate or suspend your account and access to the Services and the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

In case of termination of the Agreement, no matter the cause, you are obligated to cease any use of the Services from the date of termination. Data collected by us on your behalf will be deleted pursuant our data retention policy. You should therefore download and export the data before terminating or closing down your User Account.

6. USER REGISTRATION

To use PrivacyBoard, you are required to register with the Services to your User account. You agree your User account is personal and to keep the related password confidential. You will be responsible for all use of your account and password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.

You may not use as a username any name that is offensive, inappropriate or obscene. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that it presents one or more of these characteristics.

7. PROHIBITED USES

You may not access or use the Services for any purpose other than for lawful purposes and that for which we make the Services available according to these Terms.

You agree not to use PrivacyBoard and the Services, intentionally or unintentionally:

• To violate any applicable national or international law or regulation.
• To copy, modify or create derivative works of the PrivacyBoard Services or any related technology without written permission from us.
• To collect, use, copy or transfer any information obtained from PrivacyBoard and its Services without our consent, except for those specifically generated for the Users themselves.
• To advertise or offer to sell goods and services, your own or those of a third-party, or conduct any commercial endeavors, except those that are specifically endorsed by us.
• To decipher, decompile, disassemble or reverse engineer or otherwise attempt to derive the software and the source code or any related technology.
• To use or attempt to use another User Account and/or access any other account data, without the consent of that User duly setup as a representative of the Customer.
• To interfere with the proper working of the software or the servers on which PrivacyBoard is stored, or any server, computer or database connected and/or necessary to the Services.
• To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful and conduct any attack on the Services via denial-of-service or a distributed denial-of-service.
• To collect usernames and/or email addresses of our users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• To sell or otherwise transfer your Company profile or User account, without written permission from us.
• To attempt to bypass any measures of the Website or Software designed to prevent or restrict access to the Services, or any portion of the Services.

Additionally, you agree not to:

• Access the Services except through the interfaces expressly provided by PrivacyBoard such as the Website, including through automated or non-human means, whether through a bot, script or otherwise.
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Services and Website.
• Create a User account using a fake identity and/or entity or the identity of another person.
• Impersonate or attempt to impersonate PrivacyBoard or Unmake or their employees, users or any other person or entity.
• Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, including their ability to engage in real time activities or which, as determined by us, may harm or offend Unmake or PrivacyBoard Users or expose them to liability.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Disable, or otherwise interfere with security-related features of the Services.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use any information obtained from the Services in order to harass, abuse, or harm another User or person.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise beyond the license granted to you under these Terms.
• Disparage, tarnish, or otherwise harm, in our opinion, Unmake, PrivacyBoard, the Software, Website, and/or the Services.

8. MINOR PROHIBITED USE

The Services are intended only for access and use by business Users at least eighteen (18) years old. By accessing or using PrivacyBoard, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into these Terms and abide by all of the terms and conditions of these Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of PrivacyBoard and its Services.

9. USER GENERATED CONTRIBUTIONS

Through the use of PrivacyBoard, we may provide you with the opportunity to create and publish Content, including Documents generated through our generators and emails sent through the Data Request Forms process (hereinafter the "Content"). Content may include text, writings and/or personal information and may be viewable by other users of the Website and third parties. As such, any Content you publish, display or send through the use of the Services may be treated in accordance with our Privacy Policy.

When you create and make available any Content, you thereby represent and warrant that:

• You are the creator and owner or have the necessary rights to authorize us to use the Content in any manner contemplated by the Website and these Terms.
• You have the written consent of each identifiable individual person cited in the Content to use their name and enable inclusion and use in the Content in any manner contemplated by the Website and these Terms of Service.
• The Content published through your Account is not false, inaccurate or misleading.
• The Content published through your Account doesn’t violate the privacy or publicity rights of any third party.
• The Content published through your Account doesn’t violate or link to material that violates any applicable law, regulation or rule.

10. INTELLECTUAL PROPERTY

We retain all rights, titles, and interests in and to the Services and the Website, including all content (excluding User Generated Contributions), features, functionality, underlying technology, graphics, user interfaces, databases, functionality, software, website designs, audio, video, text, photographs, graphics, logos, and trademarks available through PrivacyBoard Services and the Website, and shall not be distributed, modified, transmitted, reused, downloaded, reposted, copied, or used by you, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. 

PrivacyBoard, its Services and Website are protected in accordance with applicable copyright laws and other legislation, Generators and Data Request Forms are thereof licensed, not sold, and you receive no title to or ownership on them. You are granted a non-exclusive, non-transferable, non-sublicensable, terminable, worldwide license to use the Services. For the avoidance of doubt, no license is granted to any underlying technology of PrivacyBoard.

As User, you agree that none of the feedback, ideas, suggestions or comments you provide us regarding the Services or the Website (hereinafter the "Feedback") constitute confidential information, and nothing in these Terms or in our dealings arising out of or related to subject matter of these Terms will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you. You hereby grant us perpetual, irrevocable, transferable, sub-licensable, royalty-free, worldwide license to fully exploit such Feedback for any and all purposes.

11. LINKS TO OTHER WEBSITES

You may be sent or directed to Third-party Services that are neither owned nor are controlled by PrivacyBoard or Unmake through the use of the Services and/or the Website. We make no warranties or representations of any kind and assume no liability whatsoever for your use of such applications, integrations, services or products. You therefore acknowledge and agree that Unmake shall not be responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-party Services. We advise you to read and review their Terms and Privacy Policies when you visit them and exercise caution where appropriate.

12. DISCLAIMER & LIMITATION OF LIABILITY 

PrivacyBoard, its Services and Website are provided by us on an "as is" and "as available" basis. To the extent permitted by law, Unmake makes no representations or warranties of any kind, express or implied, as to the operation of the Services, the information, Contents or materials included therein. You agree that your use of the Services and the Website, their Content and any services or items obtained from us is at your sole risk.

Neither us nor any person associated with us makes any warranty or representation with respect to the completeness, security, accuracy, reliability, quality or availability of PrivacyBoard, its Services and Website. Without limiting the foregoing, neither us nor anyone associated with us represents or warrants that:

• The materials or items or Documents or Contents obtained through the Services and the Website will be accurate, reliable, uninterrupted or error-free,
• Defects will be corrected,
• Personal information or financial information or our infrastructure will not suffer any unauthorized access,
• The infrastructure or the Services or the Website are free of viruses or other harmful bugs or trojan horses or other harmful components,
• Errors or omissions will not occur in any Contents and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or made available through the Services,
• The Services and Website or any materials or items or Documents or Contents obtained through the Services and the Website will meet your needs or expectations.

Our total aggregate liability to you, including, without limitation, liability for breach of contract, misrepresentation (whether tortious or statutory), tort (including but not limited to negligence), breach of statutory duty, restitution or otherwise, arising from or in connection with the Agreement, the Services or the Website operated for PrivacyBoard, shall for any and all actionable circumstances be limited to the accumulated fee you paid under the Agreement during the previous 12 months prior to the actionable event.

In case of force majeure, we shall have the right to suspend delivery and/or cancel or reduce the content and compilation of the Services to be provided and shall not be liable in any way for loss, damage or expense arising directly or indirectly from this, or any other failure or delay in the performance of the Services, to the extent that this has been caused by any circumstance beyond our reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics/pandemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; industrial disputes; or failure or delays by our material subcontractors, suppliers or partners.

13. GOVERNING LAW

The Agreement supersedes and replaces any prior agreements we might have had between us regarding PrivacyBoard, its  Services and Website.

The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with French law and the courts of France in their first instance shall have exclusive jurisdiction to settle upon them.

14. VARIATIONS OF THE SERVICES

We reserve the right to change, modify, or remove the Content or the Services to comply with new laws or regulations or to update our offerings. We also reserve the right to modify or discontinue all or part of the Services if we were to close down or if we decide to change our business offering. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services and/or the Website.

Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

15. PRIVACY & DATA PROTECTION

We care about data privacy and security. Please review our Privacy Policy and Data Processing Agreement to understand our use of your personal information. For the avoidance of doubt, you acknowledge that you have reviewed and understand our Privacy Policy and Data Processing Agreement, which are part of this Agreement.

We and the Customer recognize that we have a full and entire knowledge of the obligations under the regulation applicable to personal data, resulting in particular from the Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), as well as any other regulations applicable in this field that may be added to or subsequently replaced by it, that apply to us.

16. ELECTRONIC COMMUNICATIONS

By creating a User account on PrivacyBoard, you consent to subscribe to marketing and promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications by using the unsubscribe link or by notifying us at hello@privacyboard.co.

17. AMENDMENTS TO THESE TERMS

We are entitled to modify and make changes to the Agreement that is referred to herein and that may be published on our Website at any time. You will be alerted about any changes by an update of the “Last updated” date of these Terms. It is your responsibility to periodically review these Terms to stay informed as each time you access the Services, and will be deemed to be aware of them. You also agree that the continued use of the Services after any posted modified versions of the Agreement entails your acceptance hereof. If you do not agree to the new Terms, you are no longer authorized to use the Services provided through PrivacyBoard.

18. WAIVER AND SEVERABILITY

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

The invalidity, illegality or unenforceability of any section or part of a section of the Agreement does not affect the continuation in force of the remainder of the section (if any) and of the Agreement as a whole.

19. ACKNOWLEDGEMENT

By using the Services and the Website or other services provided by us, you acknowledge that you have read and understood these Terms of Service, and agree to be bound by them.

20. CONTACT US

In order to resolve a complaint regarding the Services or to send us Feedbacks or any other requests, please contact us at hello@privacyboard.co.