# TERMS OF SERVICE
## Table of Contents
- [TERMS OF SERVICE](#terms-of-service)
- [FOR PrivateBond](#for-privatebond)
- [1. Description Of Service](#1-description-of-service)
- [2. USER ELIGIBILITY](#2-user-eligibility)
- [3. IMAGE AND VIDEO CONTENT ("content")](#3-image-and-video-content-content)
- [31. License Grant](#31-license-grant)
- [32. User Representations and Warranties](#32-user-representations-and-warranties)
- [33. Content Restrictions](#33-content-restrictions)
- [34. Content Moderation](#34-content-moderation)
- [4. PROHIBITED CONDUCT AND LAW ENFORCEMENT COOPERATION](#4-prohibited-conduct-and-law-enforcement-cooperation)
- [41. Prohibited Activities](#41-prohibited-activities)
- [42. Reporting to Law Enforcement](#42-reporting-to-law-enforcement)
- [5. LIMITED LICENSE GRANT](#5-limited-license-grant)
- [51. Transformed Content License](#51-transformed-content-license)
- [52. License Limitations](#52-license-limitations)
- [6. WATERMARKING AND DISCLAIMERS](#6-watermarking-and-disclaimers)
- [61. Watermarking Process](#61-watermarking-process)
- [62. Watermarking Limitations and Disclaimers](#62-watermarking-limitations-and-disclaimers)
- [7. BLOCKCHAIN TECHNOLOGY](#7-blockchain-technology)
- [71. Digital Wallets](#71-digital-wallets)
- [72. Non-Fungible Tokens (NFTs)](#72-non-fungible-tokens-nfts)
- [73. Smart Contracts](#73-smart-contracts)
- [74. Blockchain Risks and Disclaimers](#74-blockchain-risks-and-disclaimers)
- [8. SMART CONTRACT LEAK ADJUDICATION SYSTEM](#8-smart-contract-leak-adjudication-system)
- [81. Performance Bond System](#81-performance-bond-system)
- [82. Leak Detection and Adjudication](#82-leak-detection-and-adjudication)
- [9. WALLET-BASED IDENTITY SYSTEM](#9-wallet-based-identity-system)
- [91. Cryptocurrency Wallet Authentication](#91-cryptocurrency-wallet-authentication)
- [92. Non-Custodial Operation](#92-non-custodial-operation)
- [10. INTELLECTUAL PROPERTY](#10-intellectual-property)
- [101. PrivateBond Intellectual Property](#101-privatebond-intellectual-property)
- [102. Content Ownership](#102-content-ownership)
- [103. Feedback](#103-feedback)
- [11. PRIVACY AND DATA PROTECTION](#11-privacy-and-data-protection)
- [111. Privacy Policy](#111-privacy-policy)
- [112. Blockchain Data](#112-blockchain-data)
- [113. Data Security](#113-data-security)
- [12. DMCA NOTICE AND TAKEDOWN PROCEDURES](#12-dmca-notice-and-takedown-procedures)
- [121. DMCA Compliance](#121-dmca-compliance)
- [122. Reporting Infringement](#122-reporting-infringement)
- [123. Takedown Procedures](#123-takedown-procedures)
- [124. Counter-Notification](#124-counter-notification)
- [125. Restoration of Content](#125-restoration-of-content)
- [126. Repeat Infringers](#126-repeat-infringers)
- [13. JURISDICTIONAL LIMITATIONS AND VPN USAGE](#13-jurisdictional-limitations-and-vpn-usage)
- [131. Geographic Availability](#131-geographic-availability)
- [132. VPN Usage and Jurisdictional Determination](#132-vpn-usage-and-jurisdictional-determination)
- [133. VPN Liability Disclaimer](#133-vpn-liability-disclaimer)
- [14. DISCLAIMER OF WARRANTIES](#14-disclaimer-of-warranties)
- [15. LIMITATION OF LIABILITY](#15-limitation-of-liability)
- [151. Exclusion of Certain Liabilities](#151-exclusion-of-certain-liabilities)
- [152. Cap on Liability](#152-cap-on-liability)
- [153. Essential Purpose](#153-essential-purpose)
- [16. INDEMNIFICATION](#16-indemnification)
- [17. TERMINATION](#17-termination)
- [171. Termination By You](#171-termination-by-you)
- [172. Termination By Us](#172-termination-by-us)
- [173. Effect of Termination](#173-effect-of-termination)
- [18. DISPUTE RESOLUTION](#18-dispute-resolution)
- [181. Governing Law](#181-governing-law)
- [182. Mandatory Arbitration](#182-mandatory-arbitration)
- [183. Class Action Waiver](#183-class-action-waiver)
- [184. Exceptions](#184-exceptions)
- [19. MISCELLANEOUS](#19-miscellaneous)
- [191. Amendments](#191-amendments)
- [192. Consequences of Termination](#192-consequences-of-termination)
- [193. Severability](#193-severability)
- [194. Waiver](#194-waiver)
- [195. Assignment](#195-assignment)
- [196. Entire Agreement](#196-entire-agreement)
- [197. Force Majeure](#197-force-majeure)
- [198. No Third-Party Beneficiaries](#198-no-third-party-beneficiaries)
- [199. Contact Information](#199-contact-information)
- [1910. Electronic Communications](#1910-electronic-communications)
## FOR PRIVATEBOND
Last Updated: October 1, 2025 PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING THE PRIVATEBOND WEBSITE, MOBILE APPLICATION, OR SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN.
### 1. Description Of Service
PrivateBond ("we," "us," or "our"), created by Web 3 Services, LLC, a Wyoming LLC, provides a platform that allows you to upload, transform, and share images, videos, and other content via shareable links ("content"). Our platform incorporates blockchain technology, including digital wallets, non-fungible tokens (NFTs), and smart contracts, which you must consider in order to use our services. We function solely as a service provider that offers tools and infrastructure to transform and share content, and we do not exercise editorial control over content beyond the automated processes described herein.
### 2. USER ELIGIBILITY
To use our services, you must be at least 18 years of age. By accessing or using our services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. We reserve the right to request proof of age at any time, and to suspend or terminate your access to our services if we have reason to believe you do not meet the age requirement.
### 3. IMAGE AND VIDEO CONTENT ("content")
#### 31. License Grant
By uploading or posting content to our platform, you grant PrivateBond a worldwide, non-exclusive, royalty-free license to display a watermarked version of your content solely for the purpose of providing our services. This license exists only for the duration necessary to display your content as part of our services and will terminate when you remove your content, except to the extent that your content has been shared with others as part of our services and they have not deleted it.
#### 32. User Representations and Warranties
You represent and warrant that:
1. you own or have the necessary rights, licenses, consents, and permissions to use and authorize PrivateBond to use all content as described in this Agreement;
2. the content does not and will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
3. the content complies with this Agreement and all applicable laws, rules, and regulations; and
4. you have documentation to support the legality of the content;
4. you have the right to grant the license described in Section 3.1.
#### 33. Content Restrictions
You must not upload, post, or transmit any content that:
1. is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise illegal or tortious;
2. infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any third party;
3. violates the privacy or publicity rights of any third party;
4. contains viruses, malware, spyware, adware, Trojan horses, or other harmful or destructive content;
5. is designed to do or does manipulate or disrupt the platform or servers;
6. impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
7. contains unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation; or
8. violates any applicable laws or regulations.
#### 34. Content Moderation
We maintain a neutral stance toward all content and may employ human or automated systems to process and transform content without making editorial judgments. We reserve the right to remove or disable access to any content that violates this Agreement or applicable law. Our content moderation processes are designed to identify potentially infringing or illegal content based on objective criteria, without making subjective determinations about the content's value or merit.
### 4. PROHIBITED CONDUCT AND LAW ENFORCEMENT COOPERATION
#### 41. Prohibited Activities
You agree not to engage in any of the following prohibited activities in connection with your use of our platform:
1. Uploading, sharing, or transmitting any content that violates applicable local, state, national, or international laws or regulations;
2. Using our services to engage in, promote, or facilitate illegal activities, including but not limited to fraud, theft, harassment, child exploitation, terrorism, intellectual property infringement, or distribution of controlled substances;
3. Attempting to circumvent, disable, or otherwise interfere with the security features of our platform or the enforcement mechanisms of our smart contract system;
4. Using our services in any manner that could disable, overburden, damage, or impair the proper functioning of our platform;
5. Attempting to gain unauthorized access to any portion of our platform, other accounts, or any other systems or networks connected to our platform.
#### 42. Reporting to Law Enforcement
We reserve the right to report any suspected illegal activities to appropriate law enforcement authorities without prior notice to you. By using our services, you acknowledge and agree that:
1. We may preserve any evidence related to suspected illegal activities;
2. We may disclose your personal information, wallet data, and content to law enforcement authorities when required by law or when we have a good faith belief that such disclosure is reasonably necessary to:
1. Comply with legal process or requests from government authorities;
2. Enforce this Agreement;
3. Respond to claims that any content violates the rights of third parties;
4. Protect the rights, property, or personal safety of our company, our users, or the public.
### 5. LIMITED LICENSE GRANT
#### 51. Transformed Content License
When you upload content to our platform, you grant us a limited, non-exclusive, royalty-free license solely to:
1. Transform your content through our automated watermarking systems, including but not limited to image compression, format conversion, and such;
2. Store the transformed content on our servers;
3. Generate shareable links to the transformed content;
4. Display the transformed content exclusively to recipients with whom you share the generated links.
#### 52. License Limitations
The license granted in Section 5.1 is strictly limited to the purposes specified therein and does not grant us any rights to:
1. Use your content for promotional, marketing, or advertising purposes;
2. Modify your content beyond the automated transformations necessary for our service;
3. Publicly display your content except to those with whom you have explicitly shared links;
4. Sublicense your content to any third parties except as strictly necessary to provide our link-sharing service.
### 6. WATERMARKING AND DISCLAIMERS
#### 61. Watermarking Process
Our platform applies digital watermarks to content uploaded to our service. These watermarks are designed to:
1. Identify the source of the content;
2. Facilitate leak detection and adjudication through our smart contract system;
3. Provide a layer of protection against unauthorized redistribution.
#### 62. Watermarking Limitations and Disclaimers
You acknowledge and agree that:
1. No watermarking technology is infallible, and our watermarking system may fail to properly mark content or may be circumvented, removed, or altered by sophisticated technical means;
2. We do not guarantee that our watermarking will prevent unauthorized copying, distribution, or modification of your content;
3. Watermark detection may produce false positives or false negatives in certain circumstances;
4. We are not liable for any damages resulting from watermarking failure, including but not limited to unauthorized distribution of your content or incorrect attribution of leaked content.
### 7. BLOCKCHAIN TECHNOLOGY
#### 71. Digital Wallets
To use certain features of our services, you may be required to connect a compatible digital wallet. A digital wallet is a software application or hardware device that allows you to use private and public keys to engage in transactions involving digital assets, including cryptocurrencies and NFTs. You are solely responsible for:
1. maintaining the security and confidentiality of your wallet and any associated private keys, seed phrases, passwords, or other credentials;
2. all activities that occur in connection with your wallet.
3. understanding the technical and operational aspects of digital wallets, including associated risks; and
4. any fees or charges associated with your wallet transactions.
We do not have access to your private keys and cannot recover lost wallet credentials. If you lose access to your wallet, you may permanently lose access to any digital assets associated with that wallet.
#### 72. Non-Fungible Tokens (NFTs)
Our platform may allow you to create, purchase, sell, or otherwise transact in non-fungible tokens (NFTs). NFTs are blockchain-based digital assets that represent ownership or other rights to specific digital or physical items, including digital art, collectibles, and other content. By engaging with NFTs on our platform, you acknowledge and agree that:
1. NFTs may be subject to extreme price volatility and fluctuations in value;
2. we do not guarantee the value, transferability, or liquidity of any NFTs;
3. transactions involving NFTs may be subject to network fees, gas fees, or other charges outside of our control;
4. NFT transactions are generally irreversible once confirmed on the blockchain;
5. the legal and regulatory framework surrounding NFTs is evolving and uncertain; and
6. you are responsible for understanding and complying with all applicable laws, including tax laws, related to your NFT activities.
#### 73. Smart Contracts
Our services utilize smart contracts to facilitate performance bond transactions. Smart contracts are self-executing contracts with the terms directly written into code that automatically execute when predetermined conditions are met. By using our platform, you agree to be bound by the terms and conditions of any smart contracts associated with your use of our services. You acknowledge and understand that:
1. smart contracts operate autonomously and may execute transactions without further action or confirmation from you;
2. once deployed, smart contract code generally cannot be modified, and transactions executed by smart contracts are typically irreversible;
3. smart contracts may contain bugs, errors, or security vulnerabilities that could result in unexpected behavior or loss of digital assets;
4. we do not guarantee the functionality, security, or performance of any smart contracts; and
5. you are responsible for reviewing and understanding the functionality of any smart contracts before engaging with them.
#### 74. Blockchain Risks and Disclaimers
Blockchain technology and digital assets involve significant risks. By using our blockchain-related features, you acknowledge and accept these risks, including but not limited to:
1. technological risks, such as blockchain network failures, consensus failures, or forks;
2. security risks, including hacking, phishing, or other unauthorized access;
3. regulatory risks, as laws and regulations concerning blockchain technology and digital assets are evolving and may change in ways that adversely affect your activities;
4. market risks, including extreme price volatility, liquidity issues, or market manipulation; and
5. operational risks, such as delays in transaction processing or confirmation.
We expressly disclaim any liability for losses or damages resulting from these risks.
### 8. SMART CONTRACT LEAK ADJUDICATION SYSTEM
#### 81. Performance Bond System
Our platform utilizes a blockchain-based smart contract system that requires users to post a performance bond in order to view content. The performance bond system operates as follows:
1. When uploading content to share, sharing users may require that viewing users obtain specific NFTs issued by the sharing user in order to view the particular content;
2. Viewing users obtain NFTs by posting assets in a locked smart contract for a specified duration according to the terms determined by the sharing user;
3. Anyone may submit content to us and we will analyze the content for forensic watermarking data indicating which NFT was used to view the content.
4. If we determine that leaked content traces to a particular NFT, then we will trigger the transference of the bond assets posted to acquire that NFT to the user who shared the content that was leaked. We retain complete authority to adjudicate leaks based on our private and proprietary watermarking technology.
5. If the time duration of a particular NFT expires without any leak adjudication, then the posted assets associated with the NFT will be transferred to the wallet possessing the correspondent NFT.
### 9. WALLET-BASED IDENTITY SYSTEM
#### 91. Cryptocurrency Wallet Authentication
The Platform exclusively utilizes cryptocurrency wallet-based authentication and identity verification. You understand and agree that:
1. The Platform does not create or maintain traditional username/password accounts;
2. Access to the Platform requires connection of a compatible cryptocurrency wallet;
3. Your identity on the Platform is represented by your wallet address and associated on-chain data.
#### 92. Non-Custodial Operation
The Platform operates on a strictly non-custodial basis with respect to digital assets and private keys. You understand and agree that:
1. We never take custody of, control, or have access to your cryptocurrency, tokens, NFTs, or other digital assets;
2. We never store, have access to, or can recover your private keys, seed phrases, or other wallet credentials.
### 10. INTELLECTUAL PROPERTY
#### 101. PrivateBond Intellectual Property
All intellectual property rights in and to the PrivateBond platform, including but not limited to the website, mobile application, software, algorithms, transformative processes, user interface, graphics, logos, and related technology, are owned by PrivateBond or its licensors. Nothing in this Agreement grants you any right, title, or interest in or to our intellectual property.
#### 102. Content Ownership
You retain ownership of the intellectual property rights in any content that you upload, post, or otherwise transmit to our platform, subject to the license grant in Section 3.1. However, once your content is transformed through our platform's processes, the resulting transformed content may constitute a derivative work with distinct intellectual property characteristics. The ownership and rights associated with such transformed content will be governed by applicable intellectual property laws and the terms of this Agreement.
#### 103. Feedback
If you provide us with any feedback, suggestions, improvements, or recommendations regarding our services ("Feedback"), you grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, create derivative works from, distribute, and display such Feedback for any purpose without compensation to you.
### 11. PRIVACY AND DATA PROTECTION
#### 111. Privacy Policy
Our Privacy Policy describes how we collect, use, and share information about you when you use our services. By using our services, you consent to our collection, use, and sharing of information as described in our Privacy Policy.
#### 112. Blockchain Data
Due to the inherent transparency of blockchain technology, certain information related to your blockchain transactions, including wallet addresses and transaction details, may be publicly visible on the blockchain. This information is not controlled by us and cannot be removed or modified once recorded on the blockchain. You acknowledge and accept that your blockchain transactions may not be private.
#### 113. Data Security
We implement reasonable security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to protect your information, we cannot guarantee its absolute security.
### 12. DMCA NOTICE AND TAKEDOWN PROCEDURES
#### 121. DMCA Compliance
We respect the intellectual property rights of others and expect our users to do the same. We comply with the Digital Millennium Copyright Act (DMCA) and will respond to notices of alleged copyright infringement. We qualify as a "service provider" under the DMCA and are entitled to the liability limitations provided therein.
#### 122. Reporting Infringement
If you believe that any content on our platform infringes your copyright, you may submit a notification pursuant to the DMCA by providing our designated copyright agent with the following information in writing:
1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
4. Your contact information, including your name, address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent can be reached at: [Copyright Agent Name] [Address] [Email Address] [Phone Number]
#### 123. Takedown Procedures
Upon receipt of a valid DMCA notification, we will expeditiously remove or disable access to the allegedly infringing material.
#### 124. Counter-Notification
If you believe that your content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to our designated copyright agent containing:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
4. Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided the original notification.
#### 125. Restoration of Content
If we receive a valid counter-notification, we will promptly forward it to the original complainant. If the original complainant does not notify us within 10 business days that they have filed an action seeking a court order to restrain the allegedly infringing activity, we may restore or cease disabling access to the removed material.
#### 126. Repeat Infringers
We maintain a policy to terminate the accounts of users who are repeat infringers of copyright or other intellectual property rights. We consider a user to be a repeat infringer if we receive multiple valid DMCA notices regarding that user's activities.
### 13. JURISDICTIONAL LIMITATIONS AND VPN USAGE
#### 131. Geographic Availability
The Platform is intended for use only in those jurisdictions where is is legal to use.
#### 132. VPN Usage and Jurisdictional Determination
If you access the Platform through a VPN or similar technology that masks your actual geographic location:
1. The location of the VPN server shall be deemed the controlling jurisdiction for any disputes.
#### 133. VPN Liability Disclaimer
The use of VPN or similar technology to access the Platform is undertaken solely at your own risk.
### 14. DISCLAIMER OF WARRANTIES
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
1. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
2. ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, OR PERFORMANCE OF OUR SERVICES;
3. ANY WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS;
4. ANY WARRANTIES REGARDING THE ACCURACY, CORRECTNESS, RELIABILITY, OR OTHERWISE OF ANY INFORMATION OR CONTENT PROVIDED THROUGH OUR SERVICES;
5. ANY WARRANTIES CONCERNING THE ACTS OR OMISSIONS OF ANY THIRD PARTIES, INCLUDING USERS, BLOCKCHAIN NETWORKS, WALLET PROVIDERS, OR OTHER SERVICE PROVIDERS; FUNCTIONALITY, OR
6. ANY WARRANTIES REGARDING THE VALUE, FUNCTIONALITY, OR MARKETABILITY OF ANY DIGITAL ASSETS, INCLUDING NFTS; AND
7. ANY WARRANTIES REGARDING THE FUNCTIONALITY, SECURITY, OR PERFORMANCE OF ANY SMART CONTRACTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
### 15. LIMITATION OF LIABILITY
#### 151. Exclusion of Certain Liabilities
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PrivateBond, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:
1. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES;
2. DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES;
3. DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE OUR SERVICES;
4. DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO OUR SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OR CONTENT;
5. DAMAGES RELATING TO UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
6. DAMAGES RELATING TO ANY BLOCKCHAIN TRANSACTIONS, INCLUDING LOSS OF DIGITAL ASSETS, WALLET COMPROMISES, SMART CONTRACT FAILURES, OR BLOCKCHAIN NETWORK ISSUES;
7. DAMAGES ARISING FROM YOUR FAILURE TO KEEP YOUR ACCOUNT INFORMATION, WALLET CREDENTIALS, OR PRIVATE KEYS SECURE; OR
8. DAMAGES ARISING FROM ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES.
THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
#### 152. Cap on Liability
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US TO USE OUR SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (B) $100.
#### 153. Essential Purpose
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PrivateBond. YOU ACKNOWLEDGE AND AGREE THAT WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THESE LIMITATIONS.
### 16. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless PrivateBond, its affiliates, directors, officers, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or in any way connected with:
1. your access to or use of our services;
2. your content;
3. your violation of this Agreement;
4. your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right;
5. any claim that your content caused damage to a third party; or
6. any activity related to your account or wallet, including negligent or wrongful conduct by you or any other person accessing our services using your account or wallet credentials.
This defense and indemnification obligation will survive the termination of this Agreement and your use of our services.
### 17. TERMINATION
#### 171. Termination By You
You may terminate your use of our services at any time by ceasing all use of our services. Smart contracts will remain in effect.
#### 172. Termination By Us
We reserve the right to suspend or terminate your access to our services at any time for any reason without prior notice or liability, including if we reasonably believe:
1. you have violated this Agreement;
2. you create risk or possible legal exposure for us or others;
3. your access should be removed due to unlawful conduct;
4. your access should be removed due to prolonged inactivity; or
5. our provision of the services to you is no longer commercially viable.
#### 173. Effect of Termination
Upon termination of your access to our services:
1. your right to use the services will immediately cease;
2. we may remove and discard any of your content within our systems, except as required by applicable law or to the extent that such content has been shared with others and they have not deleted it;
3. we will not be liable to you or any third party for termination of access to our services or for deletion of your information or content; and
4. all provisions of this Agreement that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
### 18. DISPUTE RESOLUTION
#### 181. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
#### 182. Mandatory Arbitration
Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the United States before one arbitrator. The arbitration shall be administered by the American Arbitration Association pursuant to its relevant rules. Judgment on the award may be entered in any court having jurisdiction.
#### 183. Class Action Waiver
YOU AND PRIVATEBOND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PrivateBond agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
### 19. MISCELLANEOUS
#### 191. Amendments
PrivateBond reserves the right to modify, amend, or change this Agreement at any time, in its sole discretion. PrivateBond will provide notice of any material changes through the Service or by sending an email to the address associated with your account. Your continued use of the Service after such notification will constitute your acceptance of the updated Agreement. If you do not agree to the changes, you must discontinue using the Service.
#### 192. Consequences of Termination
Upon termination of your access to the Service:
1. You will no longer be authorized to access or use the Service;
2. PrivateBond may delete or retain, at its discretion, any data or content associated with your account;
3. Any outstanding transactions or obligations between you and other Users will remain in effect and must be fulfilled according to their terms;
4. Any fees or payments due to PrivateBond will remain payable;
5. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
#### 193. Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
#### 194. Waiver
The failure of PrivateBond to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by PrivateBond.
#### 195. Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by PrivateBond without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
#### 196. Entire Agreement
This Agreement, together with the Privacy Policy and any other legal notices published by PrivateBond on the Service, shall constitute the entire agreement between you and PrivateBond concerning the Service and supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and PrivateBond regarding the Service.
#### 197. Force Majeure
PrivateBond shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
#### 198. No Third-Party Beneficiaries
This Agreement is intended solely for the benefit of the parties and does not create any third-party beneficiary rights.
#### 199. Contact Information
Questions or comments about the Service or this Agreement may be directed to PrivateBond at support@privatebond.io.
#### 1910. Electronic Communications
The communications between you and PrivateBond use electronic means, whether you use the Service or send us emails, or whether PrivateBond posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from PrivateBond in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PrivateBond provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT