Terms of Service

These Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and Lithic, Inc., doing business as Privacy.com (“Privacy,” “we,” “our” or “us”) and govern your use of Privacy’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). By using any of the Services you agree to these General Terms and any policies referenced within (“Policies”), including terms that limit our liability (see Limitations of Liability and Damages) and require individual arbitration for any potential legal dispute (see Binding Individual Arbitration). You also agree to any additional terms specific to Services you use (“Additional Terms”), which become part of your agreement with us.

1. Products, Registration, and Verification

Products

The Privacy.com Services include tools to safely and easily shop while protecting your privacy from merchants and other companies that collect cardholder or other financial data.  We provide access to these tools via our web-based portal and mobile phone applications. Additionally, our financial services partners provide you with access to payment cards and other payment and banking services, for which separate terms may apply.

We are not a bank and do not offer banking services as defined by the United States Department of Treasury. Banking services are provided by our applicable bank partner(s).

Registration

You must open an account with us (a “Privacy Account” or “Account”) to use the Services. During registration we will ask you for information, including your name and other personal information. You must provide accurate and complete information in response to our questions, and keep that information current. You are fully responsible for all activity that occurs under your Privacy Account, including for any actions taken by persons to whom you have granted any access to the Privacy Account (including, but not limited to, any Privacy cards). We reserve the right to suspend or terminate the Privacy Account of any user who provides inaccurate or incomplete information, or who fails to comply with account registration requirements. 

Privacy may request additional information from you at any time. For example, Privacy may ask you to present government issued identification such as a passport or driver’s license, a business license, or other information. If you refuse any of these requests, your Privacy Account may be suspended or terminated.

Depending on the Privacy product or service you wish to use, to help the government fight the funding of terrorism and money laundering activities, federal law requires us to obtain, verify and record information that identifies each person who requests to use Services. What this means for you: When you open a Privacy Account, we will ask for your name, address, date of birth and other information that will allow us to identify you.

We may make inquiries that we consider appropriate and use third party services to help us verify your identity and determine if we should open, maintain, collect or close your account. We may also report the status, history and/or closure of your account to third-party services.

2. Cashback, Promotions, and Referrals

Privacy Credits

Your account may contain Privacy credits (“Privacy Credits”), which are cashback promotions that can be used for payment of an eligible purchase made with your Privacy account. Participants in Privacy cashback promotions may earn Privacy Credits on up to $4,500 of eligible monthly net purchases (i.e., generally based on purchase transaction amounts minus any credits or returns). Privacy may increase or decrease the amount of monthly transactions eligible for Privacy Credits at its sole discretion. 

Certain Subscription Services may offer different Privacy Credit terms (including, but not limited to, the amount of transactions over a time period that are eligible for Privacy Credits) and can be found when signing up for the applicable Subscription Service.

Privacy may determine and change in its sole discretion which transactions are eligible for cashback Privacy Credits. Privacy may determine ineligibility based on specific transactions, categories of transactions, merchants, categories of merchants, or other aspects in our sole discretion. 

Privacy Credits resulting from Privacy purchases during a calendar month will be automatically applied to your Privacy account generally within the first ten (10) business days of the next calendar month. However, the timing of when Privacy Credits are applied may vary based on specific terms of a promotion. 

Unless expressly stated otherwise, unused Privacy Credits may expire after twelve months of account inactivity. Privacy Credits are not redeemable for cash, cannot be transferred, gifted, exchanged, or sold between users. If you close your Privacy Account, all purchases made during the calendar month that the Account was closed will not be eligible for the Privacy cashback promotion. We reserve the right to render your account ineligible for the cashback promotion in the event of any chargebacks, ACH bounces, ACH disputes, or suspicious activity associated with your Account.

In our sole discretion, we may deduct Privacy Credits from your account or make a debit entry to your connected funding source in order to make adjustments for returns, purchase cancellations or fraudulent activity. Any such adjustments, however, will be made in accordance with this Agreement, any applicable Privacy policies and terms, and any and all applicable laws, rules, and regulations. It is your responsibility to check your Account regularly to ensure that Privacy Credit has been properly credited and that the amount of Privacy Credits in your Account is accurate. If you believe that Privacy Credit has not been correctly credited to your account, you must contact Privacy Support within ninety (90) days of the transaction. Should you disagree with any adjustments made to your account or payments made to you, your sole remedy is to withdraw from the Program.

Promotions

In addition to Privacy Credits, Privacy may offer other promotions. Determination of Privacy Credit or other promotion eligibility, duration, and features (including, but not limited to, the maximum amount of credit earnable, if applicable) are at the sole discretion of Privacy. Privacy reserves the right to modify the application or aspects of a promotion (including, but not limited to, the rate or timing of Privacy Credits earned by any user pursuant to a promotion) at any time. Privacy reserves the right to verify and adjust credits or other promotion aspects at any time prior to or following credit to your Account or other application of the promotion. Your Privacy account must be, and must remain, active and in good standing, as determined by Privacy at its sole discretion, to receive Privacy Credits or participate in any promotion.

Privacy.com reserves the right to terminate any promotions at any time and to refuse or recover any promotion award for any reason, including, but not limited to, your breach of these General Terms.

Referral Programs

New and current Privacy users may be provided with a unique referral URL that permits the Privacy user (each a “Referrer Customer”) to refer acquaintances to Privacy. Referred customers (each, a “Referred Customer”) must register for Privacy using the unique URL provided by Privacy.

Subject to these terms and conditions, any Referrer Customer that refers an acquaintance to Privacy will receive up to $5 (or such other amount specified by Privacy) in Privacy account credit (“Referrer Bonus”) for every such referral when the Referred Customer successfully registers and makes a qualifying transaction with Privacy (the “Referral Offer”).

In addition, the Referred Customer will receive up to $5 (or such other amount specified by Privacy) (“Referred Bonus”) in Privacy Credit off their first purchase using Privacy’s Services after their successful registration with Privacy. 

Determination of program eligibility and qualifying referrals are at the sole discretion of Privacy. Privacy reserves the right to verify and adjust referral credits at any time prior to or following application of credit. Your Privacy account must be active and in good standing, as determined by Privacy at its sole discretion, to receive the Referrer Bonus or Referred Bonus.

This Referral Offer is intended for Privacy customers only to refer their acquaintances to Privacy and should not be advertised, marketed or otherwise utilized for commercial purposes. This Referral Offer is a limited time offer and Privacy reserves the right to modify, suspend or cancel this Referral Offer at any time without notice.

3. Transaction and Account History

When a payment is made using Privacy’s Services, we will update your Privacy Account activity on the website and provide you a transaction confirmation. The confirmation will serve as your receipt. Summaries of your Privacy Account activity, including monthly statements, are available on our website for at least one year of account activity. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Privacy Account and your use of the Services, and (b) reconciling all transactional information that is associated with your Privacy Account. If you believe that there is an error or unauthorized transaction activity associated with your Privacy Account, you must contact us immediately.

4. Use Restrictions

Restrictions

You may not, nor may you permit any third party, directly or indirectly, to: export the Services, which may be subject to export restrictions imposed by US law, including US Export Administration Regulations (15 C.F.R. Chapter VII); access or monitor any material or information on any Privacy system using any manual process or robot, spider, scraper, or other automated means; except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services; perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Services by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material, information or Services from Privacy; use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement; use the Service in conjunction with automated purchasing software programs; use the Service to exploit new user, referral programs, promotions offered by other merchants, or otherwise use the Service to violate the terms and conditions of a merchant; transfer any rights granted to you under these General Terms; use the Services in a way that distracts or prevents you from obeying traffic or safety laws; use the Services for any illegal transactions, activities, goods, or services or in any way that exposes you, other Privacy users, our partners, or Privacy to harm; or otherwise use the Services except as expressly allowed under these General Terms and any applicable Additional Terms.

Additionally, you agree you will not act as a payment facilitator or otherwise resell the Services to any third party. You will not use the Services to handle, process or transmit funds for any third party.

We may restrict your access to the Services if we need to conduct an investigation or resolve any pending dispute related to your use of the Services, except where prohibited by law. We may also restrict access to the Services as necessary to comply with applicable law or court order, or if requested by any governmental entity.

We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of these terms or any other agreement with Privacy, or that it exposes you, our customers, our processors, merchants or Privacy to harm. Harm includes fraud and other criminal acts. If we suspect that your Privacy Account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your Privacy Account, and any of your transactions with law enforcement and, as deemed necessary by Privacy, our payment processing and financial institution partners.

Prohibited Industries

You may not use the Services for the following businesses or activities in the following industries: (1) paraphernalia that may be used for illegal activity (2) unauthorized multi-level marketing businesses, (3) rebate based businesses, (4) betting, including lottery tickets, sports related gambling, casino gaming chips, off-track betting, and wagers at races, (5) manual or automated cash disbursements, (6) prepaid cards or checks, (7) sales of money-orders or foreign currency, (8) wire transfer money orders, (9) high-risk products and services, including telemarketing sales, or (10) any industry that exposes you, other Privacy users, our partners, or Privacy to possible harm.

Limits

For security and fraud protection and depending on the Privacy product or service, we may set an initial limit on the dollar amount you can authorize in a transaction and the total dollar amount you can authorize over a given period of time. You can find your spending limits in the Privacy web and/or mobile app. The limits are subject to increase or decrease at our sole discretion.

5. Privacy and Security

Privacy

By using any of our Services, you agree to Privacy’s Privacy Policy, which explains how we collect, use and protect the personal information you provide to us. Depending on your use of Privacy, additional bank partner policies will apply and be agreed to when signing up for the applicable product. Copies of such policies can be obtained by contacting support@privacy.com

Security

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

You are responsible for safeguarding your password and for restricting access to the Services from your compatible devices. You will immediately notify us of any unauthorized use of your password or Privacy Account or any other breach of security. Notwithstanding the Disputes and Binding Individual Arbitration sections of these General Terms, in the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Privacy Account subject to dispute) will be final and binding on all parties.

Privacy complies with the Payment Card Industry Data Security Standards (PCI-DSS), as well as any requirements under applicable card network rules. You will cooperate in forensic investigations as required by Privacy or its partners.

6. Communications

You consent to accept and receive communications from us in electronic form, including e-mail, text messages, calls, and push notifications to the mobile phone number you provide to us. These communications may be generated by automatic telephone systems which will deliver messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. You agree that all communications provided to you by Privacy electronically satisfy any legal requirement that communication would satisfy if it were in writing. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving marketing communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Services.

7. Costs of the Product and Services

Subscription Costs

Privacy may offer Services to be paid for on a recurring basis (“Subscription Services”). Subscription Services may subject you to recurring fees and/or terms. Privacy has the right to change, delete, discontinue or impose conditions on Subscription Services or any feature or aspect of a Subscription Service.

By signing up for a Subscription Service, including after any free trial period, you agree to pay us the subscription fee identified when you sign up for the applicable Subscription Service and any applicable taxes as set forth in your Privacy Account settings or as otherwise agreed in writing (“Subscription Fee”).

Unless otherwise provided in a Subscription Service’s terms, Subscription Fees will be charged on the 1st of every month based on the then-current fee for the applicable Subscription Service(s) until canceled. 

To avoid automatic renewal, you must cancel your Subscription Services prior to the first of the following month. You may cancel a Subscription Service from your Privacy Account settings. When you initially sign up for a Subscription Service, you will be charged a prorated amount for the portion of the period remaining in the initial period (i.e., month) cycle. If you cancel a Subscription Service, you will continue to have access to that Subscription Service through the end of your then current billing period, but you will not be entitled to a refund or credit for any Subscription Fee already due or paid. We reserve the right to change a Subscription Fee upon thirty (30) days’ advance notice. Your continued use of Subscription Services after notice of a change to our Subscription Fee will constitute your agreement to such changes.

Funding Method Fees

We do not charge fees for funding your Privacy Account with a bank account or debit card. Privacy is not responsible for any fees charged by your funding source (such as bank account fees). We may, in the future, add additional funding methods that may have fees, or add fees to existing funding methods, with such notice as required by law.

Foreign Transaction Fees

We may charge a fee for foreign transactions. See your cardholder agreement for details.

8. Content You Provide

The Services may include functionality for uploading or providing photos, logos, products, loyalty programs, promotions, advertisements, feedback, quotes, and other materials or information (“Content”).

You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media in order to provide and promote the Services. You retain all rights in your Content, subject to the rights you granted to us in these General Terms. You may modify or remove your Content via your Privacy Account or by terminating your Privacy Account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.

You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches any duty toward or rights of any person or entity, including rights of publicity, privacy or trademark; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with Privacy’s or its partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose Privacy, its affiliates or its customers to harm or liability of any nature.

Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.

9. Termination

We may terminate these General Terms or any Additional Terms, or suspend or terminate your Privacy Account or your access to any Service, at any time for any reason. You may also terminate the General Terms and Additional Terms applicable to your Privacy Account by deactivating your Privacy Account by contacting us at support@privacy.com. 

Any termination of these General Terms does not relieve you of obligations, including to pay fees or costs accrued prior to the termination, with respect to any chargebacks, and to pay any other amounts owed to us as provided in these General Terms or any applicable Additional Terms. In the event your Privacy account has a negative balance, Privacy reserves the right to withhold refunds or credits, or debit your funding source to settle the negative balance.

If these General Terms or your Privacy Account is terminated or suspended for any reason: (a) the license and any other rights granted under these General Terms and any Additional Terms will end, (b) we may (but have no obligation to) delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations under the Payment Terms, the following sections of these General Terms survive and remain in effect in accordance with their terms upon termination: (Content You Provide), (Termination), (Ownership), (Indemnity), (Representations and Warranties), (No Warranties), (Limitation of Liability), (Disputes), (Arbitration), (Miscellaneous - Governing Law), (Miscellaneous - Assignment), (Miscellaneous - Third Party Service and Links to Other Web Sites), and (Other Provisions).

10. Your License

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the software that is part of the Services, as authorized in these General Terms. We may make software updates to the Services available to you, which you must install to continue using the Services. Any such software updates may be subject to additional terms made known to you at that time.

11. Ownership

We reserve all rights not expressly granted to you in these General Terms. We own all rights, title, interest, copyright and other worldwide Intellectual Property Rights (as defined below) in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.

For the purposes of these General Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all of their applications, registrations, renewals and extensions, under the laws of any state, country, territory or other jurisdiction.

You may provide comments or ideas about the Services (“Ideas”). By providing any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction, that it will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.

12. Indemnity

You will indemnify, defend, and hold us and our partners (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to any of your transactions or use of the Services including, but not limited to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these General Terms or any Additional Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.

13. Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are either a legal resident or citizen of the United States or a business entity operating in the fifty United States and District of Columbia and are authorized to conduct business by the state(s) in which you operate; (c) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms (for yourself or as a representative of the business using the account that has sufficient authority to agree to these General Terms on behalf of the business); (d) any information you provide in connection with the Services, accurately and truthfully represents your identity; (e) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you; (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (g) your use of the Services will be in compliance with these General Terms and applicable Additional Terms. 

Additionally, with each transaction you process through the Services, you represent, warrant and covenant to us that: (a) the transaction represents a bona fide sale; (b) the transaction accurately describes the goods and/or services obtained from the merchant; (c) you will fulfill all of your obligations to the merchant and will resolve any dispute or complaint directly with the merchant; (d) you and the transaction comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax, wage and hour, and tip laws and regulations; (e) except in the ordinary course of business, you are not submitting a transaction that represents a sale to any principal, partner, proprietor, or owner of your entity; and (f) you are not submitting a transaction involving your own merchant.

14. No Warranties

THE USE OF “PRIVACY” IN THIS SECTION AND THE LIMITATION OF LIABILITY SECTION MEANS PRIVACY, ITS PROCESSORS, ITS SUPPLIERS, BANK AND OTHER PARTNERS, AND ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES).

THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, PRIVACY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

PRIVACY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES WILL BE COMPATIBLE WITH YOUR DEVICE OR CARRIER.

Privacy does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a third party. Privacy does not have control of, or liability for, goods or services that are paid for using the Services.

Any third-party software, hardware and other products or services included, sold or purchased through or in connection with the Services are provided solely according to the warranty and other terms specified by the manufacturer, merchant or provider, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the third-party product provider directly. PRIVACY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

Privacy 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, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRIVACY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, PRIVACY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL PRIVACY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR PRIVACY ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PRIVACY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $5.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PRIVACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

16. Set Off

You acknowledge that, except as otherwise prohibited by law, Privacy will have the right to charge or set off against your account any indebtedness or other obligations which you or any applicable account owner owe us, at any time, without any further notice to or demand on you, whether the indebtedness or other obligations exist at the time the account is opened or arise later. The indebtedness includes, without limitation, all charges incurred on any account you hold with Privacy. You agree that Privacy may set off against the account any claim which we have against you without regard to the source or ownership of the funds on deposit in the account and without requirement that the claim be owed to us by all of the account owners. You also agree that, to the extent allowed by law, Privacy may set off any indebtedness or other obligations which you owe us under this Agreement against any other account or property in which you have an ownership interest that is in Privacy’s possession or control.

17. Arbitration 

Binding Individual Arbitration

You and Privacy agree to arbitrate any and all Disputes (as defined below) by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST PRIVACY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association according to this Section and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in New York County, New York, or another mutually agreeable location. 

The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. We will pay the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Privacy also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in state court in New York County, New York, or federal court for the Southern District of New York.

“Disputes” are defined as any claim, controversy, or dispute between you and Privacy, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these General Terms, any Additional Terms, or the Services, or any other aspect of our relationship.

Deadline to Initiate Disputes

Any action or proceeding by you relating to any Dispute must commence within 90 days after the cause of action accrues.

18. Miscellaneous

Transaction Errors and Disputes

Depending on the Privacy product or service used, there may be notification, timing, and other requirements if you believe there has been an error or wish to dispute a transaction. Refer to your applicable Additional Terms for the specific requirements that may apply.

Privacy Preferred Merchant Program

Privacy may offer a preferred merchant program (“Preferred Merchant Program”). In these programs Privacy would receive compensation for referring buyers to merchants and pass a portion of the compensation back to you as cashback. The terms, conditions, and participation eligibility requirements for Preferred Merchant Program are in Privacy’s sole discretion. Whether a purchase qualifies for the Preferred Merchant Program is in Privacy’s sole discretion.

Conversion to US Dollars

Transactions made in currencies other than U.S. Dollars will be converted by the network or card association that processes the transaction into U.S. Dollars. The card association may consider transactions occurring in U.S. territories to be an international transaction. Conversion to U.S. Dollars may occur on a date other than the date of the transaction, thus the actual conversion rate may differ from the rate in effect at the time of the transaction. You agree to pay the converted amount plus any applicable conversion charges made by the network or card association that processes the transaction.

Governing Law

These General Terms and any Dispute will be governed by New York law and/or applicable federal law (including the Federal Arbitration Act) as applied to agreements entered into and to be performed entirely within New York, without regard to its choice of law or conflicts of law principles.

Assignment

These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

Abusive or Excessive Activity

If we believe you might incur, or you are incurring, an excessive number of false, misleading, or abusive transactions or other disputes or errors , we may establish additional conditions governing your Privacy Account, including terminating or suspending the Services.

Allowed Users

If you allow another person (an “Authorized User”) to use any Privacy Services under your Account, you are responsible and liable for all transactions, withdrawals, deposits, fees, and other liabilities that arise out of such use, even if it exceeds the authorization granted. You agree to make sure each Authorized User agrees to comply with these General Terms and any applicable Additional Terms prior to using the applicable Privacy Services.

Third Party Services and Links to Other Web Sites

You may be offered services, products and promotions provided by third parties and not by Privacy (“Third Party Services”). If you decide to use Third Party Services you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible for the performance of any Third Party Services. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Privacy. Such third party websites are not governed by these General Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Policy is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.

Other Provisions

These General Terms, and any applicable Additional Terms or Policies, are a complete statement of the agreement between you and Privacy regarding the Services. In the event of a conflict between these General Terms and any other Privacy agreement or Policy, these General Terms will prevail and control the subject matter of such conflict. If any provision of these General Terms or any Additional Term is invalid or unenforceable under applicable law, then it 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. These General Terms do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of these General Terms will be deemed a further or continuing waiver of such term or any other term.

Revisions, Disclosures and Notices

We may amend the General Terms, any Additional Terms, or our Policies, at any time with notice that we deem to be reasonable in the circumstances, by posting the revised version on our website or communicating it to you through the Services (each a “Revised Version”). The Revised Version will be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting (or communication, as applicable) of a Revised Version constitutes your acceptance of such Revised Version. Any Dispute that arose before the changes will be governed by the General Terms, Additional Terms or Policies in place when the Dispute arose.

You are responsible for providing Privacy with your most current email address. In the event that the last email address you provided to Privacy is not valid, or for any reason is not capable of delivering you notices required/permitted under these Terms, Privacy’s dispatch of the email containing such notice will constitute effective notice. You may give notice to Privacy at the following address:

Lithic, Inc. (d/b/a Privacy.com)
228 Park Ave S
PMB 57488
New York, NY 10003-1502

Such notice shall be deemed to be given when received by Privacy by letter delivered by nationally recognized overnight service or first class postage prepaid mail at the above address.

Last updated: September 6, 2023