Terms and Conditions

Terms and Conditions

Last updated: September 2^nd, 2026

Version: 2.0

PrivySign Terms and Conditions

Welcome to PrivySign! Thank you for your interest in using PrivySign. These Terms and Conditions (“Terms and Conditions”) govern your use of the Privy (“Privy", “We”, “Our”, or “Us”) websites, product, and services (collectively, “Privy Services”) for personal use (as opposed to on behalf of an enterprise under an Employee Service Account – see clause 2.g below for further information about enterprise use). We provide various types of Privy Services and in some cases additional terms and conditions may apply when the User (“the User”, “You”, “Your”) uses a particular Privy Services, such additional terms and conditions can be found on the Privy Website. By creating a Privy Account, and ticking a box presented to the User in the Privy Account creation process for acceptance of the Terms and Conditions, the User acknowledges that they have read, understood, and agreed to these Terms and Conditions.

These Terms and Conditions may be changed or updated by Privy either partially or wholly from time to time in accordance with this provision. Any updates to the Terms and Conditions will be notified to the User at least 30 days before they take effect.

By continuing to access or use the PrivySign Service, the User is deemed to agree to changes to these Terms and Conditions. If the User does not agree to the changes to the Terms and Conditions, the User can contact Privy to terminate the Privy Account in accordance with these Terms and Conditions.

The Privy Privacy Policy (available at privyid.com/privacy) sets out information about how Privy will handle Personal Information of Users.

These Terms and Conditions contain an agreement between Privy and the User. Please read these Terms and Conditions carefully!

1.Definitions
Each word that starts with a capital letter has the following meaning:

a.“Appstore” is an application distribution platform for iOS developed and managed by Apple Inc.

b."Electronic Document" means a document or component of information that was originally created using a computer system, software application or database.

c.“Electronic Signature” means the electronic version of manually handwritten signature.

d."Enterprise Account" means an account established by a business entity, to access and use the Privy Services.

e.“Employee Service Account” means a Privy Account associated with (and registered by the User on) an Enterprise Account.

f."Enterprise Service Agreement" means the Enterprise Service Registration Form entered into by a business entity to establish an Enterprise Account.

g.“Personal Information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable, including "personal information" as this term is defined in the Privacy Act.

h.“Playstore” also commonly known as Google Play is a digital distribution service operated and developed by Google that functions as the official app store for the Android operating system.

i.“Privy Account” is any account issued by Privy, under the name PrivyID, each account owner will be given a userID, choose a password, and store their Personal Data.

j.“Privy Application” means mobile applications operated by Privy.

k.“PrivyID” means an alphanumeric code issued by Privy, which can be associated with a unique name (username), to identify the User using Privy Services.

l.“Privy Services” means the PrivySign Service, Privy Document Management System, and/or other Privy services declared by Privy from time to time, either through the Privy Site or Privy Application.

m.“PrivySign” or “PrivySign Service” means the Electronic Signature and/or registered electronic delivery service, with the available features, which can be used on the Privy Site or Privy Application provided by Privy for the User.

n.“Site” means any URL that uses the domain with the address “www.privyid.com” or any other site as stated by Privy from time to time.

o.“the User” or “You” or “Your” means every individual, partnership, firm, company, legal entity, ministry, institution, or organization that uses the Privy Service.

2.Privy Account Registration:

a.To be able to use PrivySign Services, the User must either access the Site, download the Privy Application or use a third party site that offers the PrivySign Services, to register and create a Privy Account. Registration can be done through the Privy Site and/or Privy Application or through a third party. The User acknowledges that Privy may cooperate with third parties and/or use third party systems for the purpose of verifying the User’s registration information.

b.The User may download the Privy Application from the Appstore (if the User uses an iOS mobile operating system) or Playstore (if the User uses an Android phone operating system). Privy urges the User to always carry out the latest updates available for the Privy Application.

c.To create a Privy Account, the User is required to provide an email address that belongs to or controlled by the User.

d.The User may be required to provide certain Personal Information to Privy to complete and maintain the User’s account and profile information. The Personal Information requested by Privy may vary depending on the applicable requirements and may include, but is not limited to:

i.Full name;

ii.Copies of identification documents, which may include an Identity Card, Driver Licences and/or Passports;

iii.Place and Date of birth; and

iv.Biometric Data.

The User agrees to provide accurate, complete, and up-to-date information, including Personal Information, when requested. If any of the User's information or Personal Information changes, the User must update such information without delay to ensure that the information and Personal Information provided to Privy remain accurate, complete, and up to date. Any changes, additions, or updates to such information and Personal Information must be made in accordance with these Terms and Conditions and Privy's Privacy Policy.

e.If the User provides a statement, guarantee, information, or Personal Information that is untrue, unclear, inaccurate, or incomplete, then Privy has the right to reject the application for creation of a Privy Account and suspend part or all of the Privy Services provided to User. If the User cannot update or correct the erroneous information within 5 Business Days of Privy's suspension and request correct information, Privy may terminate part or all of the Privy Services provided to the User.

f.The User must protect and maintain the confidentiality of the User’s account information and passwords, and any one-time passwords (or OTPs) issued to the User. All activities carried out by a person using the User's Privy Account will be considered activities that have been authorised and carried out by the holder of the Privy Account. Privy is not responsible for any losses or legal consequences arising from the User's error or negligence in maintaining the confidentiality of the User's Privy Account password. The User must immediately notify Privy of any known or suspected unauthorized use of the User's Privy Account, and/or password or security threats.

g.Enterprise use: As mentioned above, these Terms and Conditions only apply to Your use of the Privy Services for personal use. If You elect to use Your Privy Account for both personal use and when using an Employee Service Account, then these Terms and Conditions will not apply to any use of the Privy Services while You are logged in to the Employee Service Account, and the applicable Enterprise Service Agreement will apply instead. These Terms and Conditions continue to apply to Your use of the Site or Privy Application while logged in to an Employee Service Account to the extent that use is not already governed by the applicable Enterprise Service Agreement (for example, general access to and use of the Site or Privy Application as a platform), except that no provision of these Terms and Conditions that is expressed by reference to, or calculated on the basis of, fees paid under a Subscription Plan (including any limitation of Privy's liability calculated by reference to such fees) applies to Your use of an Employee Service Account, as no such fees are paid by You in that capacity. In the event of any inconsistency between these Terms and Conditions and the applicable Enterprise Service Agreement in respect of the same use, the Enterprise Service Agreement will prevail to the extent of the inconsistency.

If You log into an Employee Service Account with Your personal Privy Account and complete a transaction or sign with a party or receive any Privy Services while using that Employee Service Account, then:

i.that transaction entered, and any other Privy Services received by, the Employee Service Account will be taken to be entered into by and provided to the Enterprise Account; and

ii.Your data is not only known to the Employee Service Account with which Your personal Privy Account is associated, but also to the system admin or the owner of the Enterprise Account.

h.Business Account Use: A Business Account is a workspace designed for small teams or organizations to access Privy Services under a business subscription plan without requiring Privy's formal Enterprise Account setup. An invitation to join a Business Account takes effect only upon acceptance by the invited User.

Electronic Documents initiated through a Business Account’s workspace will be associated with the relevant Business Account and managed within the Business Account. The ownership and/or allocation of such Electronic Documents will not be affected by the individual User’s membership status during the active Business Account subscription.

If the Business Account subscription ends or the Business Account is otherwise discontinued, the owner of the Business Account may determine how and to whom the Electronic Documents associated with the Business Account will be handed over, subject to the features and procedures made available by Privy.

3.Using PrivySign Services

a.Only Users with Privy Accounts are permitted to use PrivySign.

b.A User's Privy Account is personal to the User and the User may not transfer the User’s Privy Account to any other person.

c.PrivySign can be used to create and apply Electronic Signatures to Electronic Documents for use in different jurisdictions, subject to applicable laws and regulatory requirements.

d.PrivySign is not intended for use by any person who is not legally capable of entering into binding legal transactions in Australia or, where applicable, in any other jurisdiction applicable to the User.

e.Privy has the right to change or suspend access to part or all of Privy’s Services temporarily if urgent repairs and/or maintenance are needed to improve services to the User or in the event of suspected data incident or security threat. Privy will provide notification to the User of these changes or suspensions as soon as possible.

f.When providing instructions to Privy in connection with use of the Privy Services (for example, instructions to process a transaction or establish a Privy Account), the User must ensure that it provides all information required to submit the instruction. The User acknowledges that incomplete information, or the cancellation or amendment of instructions by the User, may cause delays in the execution of the instructions by Privy.

g.In using a Privy Account and Privy Services, the User agrees to comply with all applicable laws and regulations in the jurisdiction where the Privy Account or Privy Service is accessed or used by the User.

h.Where the Privy Services allow the User to designate another Privy Account holder to sign a document on the User’s behalf, that designation takes effect only once the designated person accepts it. The document produced will display the name of both the User originally designated to sign and the person who signed on the User’s behalf, and the audit trail associated with the document will record that the document was signed on that basis. This functionality does not itself confer or verify any legal authority for a person to sign on another’s behalf. The User designating another person to sign remains solely responsible for ensuring that designation is made with lawful authority, and Privy is not responsible for, and disclaims liability arising from, any such designation made without such authority. The availability of this functionality depends on the User’s subscription plan, as described on Privy’s plan comparison page.

4.Limitation on Use

The User agrees not to use the PrivySign Service to carry out transactions or actions that: (i) violate the law or the provisions of applicable laws and regulations; (ii) violate the rights of Privy or Third Parties, including but not limited to privacy rights, copyrights, trademarks, patents, trade secrets, or other intellectual property rights; or (iii) intentionally and without rights or unlawfully in any way change, add, remove, obscure or hide any copyright, trademark, or other proprietary rights notices appearing on or in connection with the Privy Service.

5.The User Representation and Warranties

The User represents and warrants that:

a.The User is legally capable and authorized according to the laws of New South Wales, Australia or, where applicable, the laws of any other jurisdiction applicable to the User, to enter into these Terms and Conditions.

b.In the event that the User creates a Privy Account and/or uses the PrivySign Service on behalf of an association, partnership, firm, company, legal entity, agency or organization, the User has the capacity and authority to represent and act for and on behalf of that association, partnership, firm, company, legal entity, agency, or organization.

c.Where the User uses the Privy Services to deliver any Electronic Document, notice, disclosure or other communication to a third party, the User has obtained any consent, and provided any disclosure, required by applicable law before delivering that Electronic Document, notice, disclosure or communication electronically, and remains solely responsible for doing so.

6.Subscription Plan and Usage

a.Privy may make the Privy Services available under different subscription plans, each with different available features and pricing as described on the Site (“Subscription Plan”). The prices and features of the Privy Services and other of our fee-based offerings are subject to then-current purchase options or entitlements offered by Privy in its sole and absolute discretion. Subscription Plans may be generally published on our website. Once your Subscription Plan is established, your right to access and use the Privy Services is not transferable.

b.You may access and use Privy Services under a Free Plan or purchase a paid Subscription Plan through the Privy Site or Privy Application to access expanded features and higher usage limits. The scope of features, functionalities, and usage limits applicable to each Subscription Plan shall be determined by Privy and may differ between plans.

c.The User has the option to select either a monthly or annual Subscription Plan. Upon selecting a Subscription Plan, the User must complete the payment with a payment method the User is authorized to use. Subsequent billing for the Subscription Plan will be executed through the same payment method on an automatic basis. By completing registration for a Subscription Plan, the User authorizes Privy or its agent to charge the User's payment method on a recurring basis in accordance with the relevant Subscription Plan (e.g., monthly or yearly, as applicable) for: (a) the applicable Subscription Plan charges, (b) any applicable taxes (as set out in paragraph (e) below), and (c) any additional charges incurred by the User in connection with the use of Privy Services (noting that such additional charges will be notified to the User before they are incurred). This authorization remains valid throughout the applicable subscription term and any subsequent renewal term until the User cancels or terminates, as outlined in clause 6.g or 14 of these Terms and Conditions. If a User selects an annual Subscription Plan, Privy will provide the User with 40 days' notice before the renewal of the User's annual Subscription Plan.

d.Privy retains the right to amend the Subscription Plan from time to time in accordance with these Terms and Conditions, including the recurring subscription fees, and will provide advance notice of any changes to the User in accordance with these Terms and Conditions. Any price adjustments will take effect at the commencement of the User's next subscription period following the date of the commencement of the price adjustment. By continuing to use Privy Services after the price adjustment takes effect, User is deemed to accept the new price. However, the User may reject such price change by unsubscribing from the applicable Privy Subscription Plan prior to the price change going into effect or otherwise in accordance with these Terms and Conditions (including clause 14).

e.All payments stipulated in these Terms and Conditions are exclusive of taxes, duties, levies, imposts, fines, or similar governmental assessments, including sales and use taxes, value-added taxes (VAT), goods and services taxes (GST), excise, business, service, and similar transactional taxes imposed by the jurisdiction (collectively, "Taxes"). Tax rates are based on the rates applicable at the time of the User's billing cycle and may change over time in accordance with local tax requirements. Any change in tax rates will be automatically applied based on the account information provided by the User. User is responsible for and must bear the taxes associated with their purchase of, payment for, access to, or use of Privy Services.

f.Privy will provide billing and usage information in a format determined by Privy, which may be subject to changes. Privy will rectify any identified errors or mistakes, even if an invoice has already been issued or payment received.

g.Cancellation and refund policy:

i.If a User purchases an annual Subscription Plan, the User has the option to cancel their subscription within thirty (30) days of the initial subscription date and request a refund of the unused subscription fee (being the fee for the remaining unused service period on their Privy Account, with the refund amount calculated on a pro rata basis for the remaining period following termination) by submitting a request to Privy. To the maximum extent permitted by law, a User on a monthly Subscription Plan is not eligible for a refund of the subscription fee upon cancellation;

ii.If User chooses to submit a termination notice as set forth in Section 14.b after thirty (30) days from the initial subscription date, to the maximum extent permitted by law, the User shall not be eligible for a refund of any portion of the subscription fee already paid. However, if Privy terminates User’s Privy Account for reasons outside the scope set forth in clause 14.d, Users with annual subscriptions shall be entitled to a refund of an unused subscription fee, calculated on a pro rata basis for the remaining service period; and

iii.Should a User request a refund in accordance with paragraph (i) above, the User is required to provide Privy with their bank account details for the refund, and Privy will complete the refund within fourteen (14) business days. Any bank transfer fees associated with refunding the amount to the User's bank account will be borne by the User.

h.Where the User switches from a monthly to an annual billing cycle within the same plan, the change extends the User’s subscription end date; and any remaining balance from the previous cycle shall roll over to the extended term in accordance with Privy’s applicable subscription policies.

i.Where the User switches from an annual to a monthly billing cycle within the same plan, the change takes effect only when the User’s current billing term ends.

j.Where the User upgrades to a higher Subscription Plan, the change takes effect immediately: the User’s existing Subscription Plan ends without refund of any unused portion, the User is charged the full price of the higher Subscription Plan with no credit for the unused balance, and the new plan’s subscription term begins on the date of the upgrade.

k.Where the User downgrades to a lower Subscription Plan, the change takes effect only when the User’s current subscription term ends.

l.Privy may, from time to time, provide promotional offers that grant temporary free access to or discounted rates to paid Subscription Plan. The scope of features, functionalities, duration, and usage limits applicable to any promotional offer shall be determined at Privy’s sole discretion.

7.Document Retention and Management

The Privy Services may include features that allow the User to store, organise, search or monitor the User’s Electronic Documents and related information, and, where the User’s Subscription Plan permits, to configure the period for which Privy retains the User’s Electronic Documents and related data (a “Retention Period”). Privy applies a minimum Retention Period of seven (7) years, which cannot be shortened; a longer Retention Period may be configured where the applicable plan permits. This minimum is provided as a general default for the User’s convenience and does not constitute legal advice as to, or a representation that it satisfies, any particular record-keeping or retention obligation that applies to the User under applicable law. Privy does not provide legal, compliance or contract-management advice through any document storage or organisation features and is not responsible for assessing the legal validity, formality requirements, or content of any Electronic Document, Electronic Signature or electronic contract. The User remains solely responsible for the User’s own record-keeping, retention and any regulatory obligations in respect of the User’s Electronic Documents, whether or not the User uses any Privy-provided document management features for that purpose. The User should maintain independent copies of Electronic Documents where reasonably necessary for business continuity or to comply with applicable legal or regulatory requirements.

8.Proprietary Rights and Intellectual Property Rights Clauses

a.The User does not acquire any proprietary rights or intellectual property rights, including but not limited to rights in respect of patents, copyright, brands or trade secrets, in respect of the content available on the PrivySign Service (including but not limited to information, software, text, letters, numbers, colour arrangement, images, logos, names, video and audio, features, and design selection and arrangement). The User agrees not to use Privy's intellectual property rights without Privy's prior written consent. Without prejudice to any other rights and remedies available to Privy, the User acknowledges that any actual attempt or violation of the provisions related to intellectual property rights will result in the termination of all User’s rights to access and use the Privy Services.

b.Where the User customises its logo, accent colour, e-mail copy or signing page using a branding feature made available by Privy (“Branding”), the User grants Privy a non-exclusive, royalty-free licence to display that logo and branding material solely to present the User’s Branding within Privy’s standard e-mail template and signing page in respect of the User’s Electronic Documents. Branding does not include, and Privy does not provide, the ability to send Electronic Document notifications from an e-mail domain or address other than Privy’s own. The User warrants it holds all rights necessary to grant this licence and that its Branding material does not infringe any third party’s rights or applicable law. Privy may refuse or remove Branding material it reasonably considers inappropriate, unlawful, or likely to mislead a recipient as to the identity of the service provider. Display of the User’s Branding does not change the fact that the Privy Services are provided by Privy. The availability of Branding depends on the User’s Subscription Plan.

9.Security and Confidentiality

a.Privy implements security and storage measures to protect the confidentiality of the User’s Personal Information from time to time.

b.When the User uses Privy Services, Privy will automatically collect information provided by the User through the Privy system, including but not limited to time stamp of activities, operating system, user transaction data related to the use of Privy Services.

c.Any content uploaded and sent by the User through the Privy system in connection with the Privy Service will be stored securely and sent confidentially using industry electronic information security standards.

d.Privy will notify the User in the event of a failure to protect the confidentiality of the User’s Personal Information in Privy's electronic system in accordance with applicable law and regulation.

e.Privy implements access restrictions to Electronic Documents uploaded by the User through the User’s Privy Account to the Privy Service so that only the User and other parties that the User gives permission to, can access and/or view such Electronic Documents.

f.The User understands that Privy may be required to provide access to or disclose User Electronic Documents to comply with applicable law, in the context of law enforcement processes or to take further preventive actions if Privy has reason to suspect that the User is engaging in unauthorized activities, suspected criminal acts, or violations of laws or regulations.

10.AI-Assisted Features (PrivyPal)

a.Privy may make available AI-assisted features (including document summarisation, question-and-answer, automated field detection and drafting assistance, together “PrivyPal”) that process the content of the User’s Electronic Documents, which may include Personal Information and other confidential information of the User. Privy will not use any content submitted by the User to PrivyPal to train or improve any AI model, whether made available to the User, other Users, or any third party.

b.The User retains all ownership rights, title and interest in any content the User submits to PrivyPal (“Inputs”). To the maximum extent permitted under Australian law (including the Copyright Act 1968 (Cth)), Privy assigns to the User all of Privy’s right, title and interest in and to any output generated from the User’s Inputs (“Outputs”). Output generated wholly by an automated process without human authorship may have limited or no copyright protection under Australian law, and this assignment applies only to the extent Privy holds any such rights, title or interest capable of assignment. The User warrants that the User’s Inputs do not infringe the intellectual property rights, privacy rights or trade secrets of any third party.

c.AI Features generate Outputs based on probabilistic models; outputs may occasionally contain inaccuracies, incomplete details, or misinterpretations. Output generated by PrivyPal is provided for the User’s convenience only, does not constitute legal advice, and the User remains solely responsible for reviewing and verifying any PrivyPal Output, including AI-drafted document content and AI-placed signature or recipient fields, before relying on it. Privy does not guarantee the accuracy, completeness, or suitability of any Output generated by PrivyPal.

d.In addition to clause 4, the User must not use PrivyPal to: (i) generate content that is misleading, deceptive or fraudulent; (ii) submit sensitive information to PrivyPal unless the User is authorised to do so and all required consents and other legal requirements have been satisfied; (iii) automate a decision that produces a legal effect concerning, or otherwise significantly affects, an individual, without human review of that decision; or (iv) attempt to bypass, probe or interfere with the safety or security controls of PrivyPal, including by prompt injection or attempts to extract or reverse engineer the underlying AI models.

e.Personal Information contained in Inputs or Outputs is handled in accordance with the Privy’s Privacy Policy. PrivyPal may use third-party infrastructure or AI model providers to process Inputs. Where such processing involves the disclosure of Personal Information to an overseas recipient, such disclosure will be handled in accordance with Privy’s Privacy Policy.

f.Unless prohibited by law, Privy has the right, at its sole discretion, to limit, suspend, or terminate a User's access to the PrivyPal, at any time or if there is any indication of misuse, violation of these Terms and Conditions, or risk to system security, without prior notice.

g.Nothing in this clause excludes, restricts or modifies any right, remedy, guarantee, warranty or other term or condition implied or imposed by any applicable law which cannot lawfully be excluded or limited, including, where applicable, any consumer guarantee under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Subject to that, the Liability and Indemnity clauses of these Terms and Conditions apply to PrivyPal and any Output on the same basis as they apply to the rest of the Privy Services, including the limitation on liability set out in those clauses to the extent permitted by applicable law.

11.Liability

a.Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

b.If any guarantee, warranty, term or condition is implied or imposed in relation to this Agreement under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a "Non-Excludable Provision"), and Privy is able to limit the User's remedy for a breach of the Non-Excludable Provision, then the liability of Privy for breach of the Non-Excludable Provision is limited to one or more of the following at Privy's option:

i.in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or

ii.in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.

c.Privy provides the Privy Services “as is”. Subject to Privy's obligations under the Non-Excludable Provisions and to the maximum extent permitted by law, Privy does not warrant that:

i.the use of PrivySign will always be on time, work without interruption, or be free from changes;

ii.PrivySign will always be able to operate and be used in conjunction with third party devices or systems not provided or owned by Privy;

iii.PrivySign will be fit for the User's purposes;

iv.an Electronic Signature or Electronic Document created using the Privy Services will satisfy all applicable legal or regulatory requirements, or qualify for any particular legal status, certification or recognition required under the laws of any jurisdiction other than Australia; and/or

v.any particular type of document or transaction is capable of being validly executed or concluded electronically, whether under the laws of Australia or any other jurisdiction applicable to the User.

d.The User acknowledges that PrivySign may experience interruptions or delays due to circumstances outside Privy's control including unavailability or interruption of the third party services used to provide the Privy Services or due to interruption, unavailability, or malfunction of certain features on the device that the User uses.

e.Subject to Privy's obligations under the Non-Excludable Provisions and to the maximum extent permitted by law:

i.Privy will not be liable to the User for loss or corruption of data arising from User's uses of the Privy Services including PrivySign;

ii.neither party will have liability for any indirect, incidental or consequential losses which do not arise naturally from breach of these Terms and Conditions (that is, according to the usual course of things), including loss of income or profits; and

iii.each party's maximum aggregate liability to the other party for all claims under or relating to these Terms and Conditions and the Privy Services whether in contract, tort (including negligence), in equity or any other basis is limited to the total fees paid by the User to Privy in the 12 months prior to the event first giving rise to any loss. However, the liability cap in this paragraph will not apply to: (i) the User's payment obligations, (ii) either party's liability for infringement of the other party's intellectual property rights, (iii) either party's liability for fraud or wilful misconduct, and (iv) the User's liability under clause 12.

12.Indemnity

The User agrees to release Privy from all third party claims, demands lawsuits brought against Privy, and indemnify Privy for losses suffered by Privy in respect of such third party claims, to the extent such third party claims are caused or contributed to by:

a.information, data or Personal Information provided by the User to Privy, including through use of the Privy Services; or

b.any use of Privy Services by the User in breach of applicable law and regulation, or in a manner which infringes the rights (including intellectual property rights) of any other party.

13.Force Majeure

Except for obligations of confidentiality, payment, and compliance with laws, neither party shall be liable for any delay or failure in performing hereunder if caused by any factor beyond the reasonable control of the party, including force of nature, war, riot, civil action, terrorism, labour dispute, malicious acts, or denial of service by a third party, or failure of telecommunication systems or utilities. Performance shall be deferred until such cause of delay is removed, provided that the delayed party promptly notified the other party after having actual knowledge of any such occurrence.

14.Term and Termination

a.In the event that the User wishes to terminate the use of the PrivySign Service, the User must close the User’s Privy Account and comply with the terms of termination of the Privy Account set out in this clause.

b.The User's Privy Account will remain valid for an indefinite period until the User sends a written request to the Privy e-mail address listed in these Terms and Conditions requesting to close/terminate the User's Privy Account.

c.The User understands that if the User submits a written request for termination of the Privy Account, Privy may require verification that the request was made by the User and may request additional information for this purpose. Once Privy is able to verify the User, the Privy Account will be terminated within 10 days from the date the required information is provided by the User to Privy. If Privy is unable to successfully verify the User’s identity, Privy may reject the termination request.

d.The User understands that, upon the successful closure of the User's Privy Account, the User will no longer be able to access any features within the User’s Privy Account, including but not limited to all Electronic Documents stored therein. Any retention or deletion of Electronic Documents or Personal Information following termination will be subject to clause 7 and Privy's Privacy Policy.

e.Privy may close or terminate the User’s Privy Account if the User (i) materially breaches these Terms and Conditions and the breach is not capable of remedy or the User does not remedy the breach in 10 days, (ii) engages in activities using the Privy Account or Privy Services that Privy reasonably considers are likely to cause material harm to Privy (for example, activities which may adversely impact Privy's reputation, or which present a security threat to the Privy system, Privy Services, or other Users).

f.Privy may cease providing User the Privy Services by providing at least 30 days' notice, unless a shorter period of notice or immediate termination is required by law. Where Privy ceases a paid Subscription Plan under this clause, any refund will be handled in accordance with clause 6.g and applicable law.

15.Governing Law and Dispute Resolution

a.These Terms and Conditions are governed by the laws of New South Wales, Australia. Nothing in these Terms and Conditions is intended to exclude or limit any mandatory rights or protections available to the User under applicable consumer protection laws that cannot lawfully be excluded or limited.

b.The User and Privy agree that all disputes or conflict arising from or relating to matters regulated in these Terms and Conditions ("Disputes") will be resolved in the following manner:

i.Either User or Privy is required to provide written notice to the other party regarding the existence of the Dispute ("Dispute Notification"). Disputes must be resolved by deliberation and consensus within 30 (thirty) calendar days from the date of the Dispute Notification (“Deliberative Settlement Period”).

ii.If the Dispute cannot be resolved by deliberation and consensus before the end of the Deliberative Settlement Period, either party may refer the Dispute to be resolved by the courts of New South Wales, Australia, to the extent permitted by applicable law.

iii.Nothing in this clause prejudices any right a party may have to seek urgent interlocutory relief from a court in respect of a Dispute.

16.Severability
If any provision or part of the provisions of these Terms and Conditions becomes void or unenforceable then such provision or part provision will be severed to the extent that it is void or unenforceable. The validity and enforceability of remaining provisions will not be affected and will continue to apply in full force.

17.Contacts and Notifications

a.Every notification from Privy addressed to the User will be announced through the Site and sent via e-mail, Short Message Service (SMS), or push notification through the Privy Application installed on the User's device registered with Privy.

b.Every notification from a User addressed to Privy becomes effective when the notification is received by Privy through the e-mail address support@privyid.com and/or through a physical document sent to Privy address Privy Australia Pty, Ltd. with the address KPMG, Level 11, 80 Ann Street, Brisbane QLD 4000, Australia.

18.Language
These Terms and Conditions are provided in English. If these Terms and Conditions are translated into any other language for the User’s convenience, the English language version will prevail in the event of any inconsistency or conflict, to the extent permitted by applicable law.