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Terms of Service

Last updated: February 2026

Please read these Terms of Service ("Terms", "Agreement") carefully before using Privengy. This is a legally binding contract between Privengy ("We", "Supplier") and the entity or person ("Customer", "Organization", "You") that registers to use our Services.

1. Definitions and Interpretation

For the purposes of this Agreement:

2. Acceptance and Capacity

By creating an account, you represent that you have the legal authority to bind the Organization you represent to these terms. If you do not agree, you must not use our Services. This Agreement constitutes the entire understanding between the parties, superseding any prior agreements.

3. Description of Service and License

3.1 License Grant

Subject to payment of the applicable fees, Privengy grants the Organization a limited, non-exclusive, non-transferable, and revocable license to access and use the Services solely for its internal business operations.

3.2 Privacy-First Approach

Privengy operates under a data minimization principle. Our technology ("AI Radar") analyzes metadata locally in the browser. We do NOT store the full content of prompts or AI responses, unless explicitly configured otherwise for specific DLP features.

3.3 Updates

We reserve the right to improve, modify, or discontinue features of the Service. We will notify you of substantial changes with reasonable advance notice.

4. Customer Obligations

4.1 Legal and Employment Compliance

Important: The Customer is solely responsible for ensuring that the use of Privengy to monitor employees complies with applicable employment and privacy laws in their jurisdiction (e.g., Workers' Statute in Spain), including the duty to inform employees about such monitoring.

4.2 Account Security

You are responsible for maintaining the confidentiality of your administrator credentials. You must immediately notify us of any unauthorized access to your account.

5. Subscriptions, Billing, and Payment

5.1 Fees

Current pricing is published on our website or in the specific Order Form. Privengy reserves the right to modify fees with 30 days' notice before the next renewal.

5.2 Billing and Taxes

Services are billed in advance. All amounts exclude applicable taxes (VAT), which will be added as appropriate.

5.3 Late Payment

In accordance with Law 3/2004 on combating late payment (Spain), Privengy reserves the right to charge late interest on overdue payments and to suspend the service if payment is not regularized within 10 days of notification.

5.4 Refunds

Fees are non-refundable, except where required by mandatory law or in the event of a material breach of the SLA by Privengy.

6. Service Level Agreement (SLA) and Support

6.1 Availability

Privengy commits to using commercially reasonable efforts to maintain Service availability of 99.9% during each calendar month, excluding scheduled maintenance and force majeure events.

6.2 Service Credits

If we fail to meet this commitment, the Customer may request a proportional service credit for the downtime, which will be applied to the next invoice, in accordance with our SLA Policy.

7. Data Protection (GDPR)

Privengy acts as a Data Processor for the personal data of your employees. Both parties agree to be governed by our Data Processing Agreement (DPA), which is incorporated into this contract by reference and is available at:

Data Processing Agreement (DPA)

8. Confidentiality

8.1 Obligation

Each party ("Recipient") agrees to protect the Confidential Information of the other party ("Discloser") with the same degree of care it uses for its own confidential data, and not to disclose it to third parties without written consent.

8.2 Exceptions

This obligation does not apply to information that: (a) is publicly available through no fault of the Recipient; (b) was previously known to the Recipient; (c) must be disclosed by law or court order.

8.3 Duration

This obligation shall survive during the term of the contract and for a period of 3 years after its termination.

9. Intellectual Property

9.1 Privengy's Rights

Privengy retains all rights, title, and interest in and to the Service, software, code, trademarks, and any improvements or feedback provided by the Customer.

9.2 Customer Data

The Customer retains all rights to its Data. The Customer grants Privengy a license to process it solely for the purpose of providing the Service.

9.3 Brand Usage (Marketing)

The Customer grants Privengy the right to use its name and logo on the website and promotional materials to identify it as a customer, respecting its brand guidelines. The Customer may revoke this right by sending an email to legal@privengy.com.

10. Indemnification

10.1 By Privengy

We will indemnify and defend you against third-party claims alleging that the authorized use of our Service infringes their intellectual property rights, provided that you promptly notify us and give us control of the defense.

10.2 By the Customer

You will indemnify us against claims arising from: (a) your violation of applicable laws (including employment or privacy laws); (b) data you upload to the service that infringes third-party rights.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, OR INDIRECT OR CONSEQUENTIAL DAMAGES.

11.2 Monetary Limit

PRIVENGY'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 Exceptions

This limitation does not apply to payment obligations, intellectual property indemnification, or damages caused by willful misconduct or gross negligence.

12. Termination

12.1 For Convenience

You may cancel your subscription at the end of your current billing period.

12.2 For Cause

Either party may terminate this Agreement immediately if the other party materially breaches its obligations and fails to remedy such breach within 30 days of receiving written notice.

12.3 Effects

Upon termination, access will cease. The Customer has 30 days to export its data before it is permanently deleted.

13. General Provisions

13.1 Force Majeure

Neither party shall be liable for delays caused by events beyond its reasonable control (natural disasters, widespread network failures, wars, strikes).

13.2 Assignment

The Customer may not assign this contract without Privengy's prior consent. Privengy may assign it in the event of a merger or acquisition.

13.3 Severability

If any clause is declared invalid, the remainder of the agreement shall remain in full force and effect.

13.4 Entire Agreement

This document, together with the DPA and Privacy Policy, supersedes any prior proposal or agreement, whether verbal or written.

13.5 No Partnership or Agency

Nothing in this Agreement is intended to, or shall operate to, create a partnership or joint venture between the parties, or authorize either party to act as agent for the other. Neither party shall have the authority to act on behalf of or otherwise bind the other in any way.

13.6 Waiver

A waiver of any right or remedy under this Agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent further exercise of that or any other right or remedy.

13.7 Third-Party Rights

This Agreement does not confer any rights on any person or party other than the parties to this Agreement and, where applicable, their successors and permitted assigns.

13.8 Notices

Any notice given under this Agreement shall be sent by email to the addresses provided during registration (for the Customer) or to legal@privengy.com (for Privengy). Notices shall be deemed received within 2 business days of being sent. This clause does not apply to the service of legal proceedings.

14. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of Spain. The parties submit to the exclusive jurisdiction of the courts of Barcelona for the resolution of any disputes, waiving any other jurisdiction that may apply.

15. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by email and/or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.

16. Contact

If you have any questions about these Terms of Service, please contact us: