Terms of Service

1. Agreement to Terms

Please read these Terms of Service (the "Terms") carefully. Echo Persona LLC ("Company," "we," "us," or "our") operates the website at https://privarahq.com (the "Website") and the Privara mobile application available on the Apple App Store (the "Application," and together with the Website and all related services, the "Service"). By accessing or using the Service in any manner — including downloading, installing, or using the Application, browsing the Website, or creating an account — you represent and warrant that: (1) you have read, understand, and agree to be bound by these Terms; (2) you are of legal age to form a binding contract in your jurisdiction; and (3) you have the authority to enter into these Terms personally or on behalf of the entity you represent. If you do not agree to these Terms, you must not access or use the Service.

Automatic renewal: If you subscribe to a paid plan, your subscription will automatically renew for additional periods of the same duration at our then-current fee unless you cancel at least 24 hours before the end of the current billing period (see Section 8 below).

Dispute resolution: These Terms contain a binding individual arbitration clause and a class action waiver in Section 18. By agreeing to these Terms, you agree to resolve most disputes through binding individual arbitration rather than in court and you waive the right to participate in class actions. You may opt out of arbitration within 30 days of first accepting these Terms (see Section 18 for details).

2. Eligibility

You must be at least 13 years of age to use the Service in the United States. If you reside in the European Economic Area (EEA), United Kingdom, or Switzerland, you must be at least 16 years of age (or the minimum age of digital consent in your country, if higher). In all other jurisdictions, you must meet the minimum age required by applicable law to form a binding contract. If you are under the required age, you may not use the Service.

By using the Service, you represent and warrant that you meet the applicable age requirement and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

3. Service Description

Privara is a privacy-focused application that provides encrypted storage for photos, videos, notes, contacts, and documents on your iOS device. The Application is designed to appear and function as a calculator from the outside while providing access to a secure, encrypted vault behind a user-defined passcode.

Key features include AES-256-GCM encryption, optional iCloud Sync (Premium), optional local WiFi transfer (Premium), decoy vaults, and biometric unlock. The Service does not include VPN services, telephony, emergency calling, or cloud backup to third-party servers. Feature availability may vary by subscription tier and region.

We may update, modify, or discontinue features of the Service at any time with or without notice. We will make reasonable efforts to notify you of material changes.

4. Accounts and Security

Certain features of Privara do not require a traditional account. Where you set up a passcode, recovery key, or other credentials within the Application, you are solely responsible for: (a) maintaining the confidentiality of those credentials; (b) all activity that occurs under or through your use of those credentials; and (c) ensuring that any information you provide (such as a support email) is accurate and current.

You must notify us immediately at support@privarahq.com if you believe your credentials have been compromised. We may suspend or terminate access to the Service if we reasonably suspect unauthorised use, compromise, or abuse of your credentials or the Service.

You are responsible for providing your own compatible device, operating system, and internet connection. Any carrier, data, or connectivity fees are your sole responsibility.

5. Licence Grant and Restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable, non-sublicensable licence to download, install, and use one copy of the Application on a single Apple-branded device that you own or control, and to access the Website, solely for your personal, non-commercial use.

If you obtained the Application from the Apple App Store, your use is also subject to the App Store Terms of Service and the Usage Rules set forth therein.

Restrictions

You may not, and you agree not to:

• (a) license, sell, rent, lease, sublicense, distribute, or otherwise commercially exploit the Service or any part thereof;
• (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Application, except to the extent expressly permitted by applicable law (including EU Directive 2009/24/EC) that cannot be waived by contract;
• (c) modify, adapt, translate, or create derivative works based on the Service;
• (d) use the Service to build, train, or benchmark a competing product or service, or to perform competitive analysis;
• (e) scrape, crawl, spider, index, or use any automated means to access, collect data from, or interact with the Service without our prior written consent;
• (f) bypass, disable, or interfere with any security, authentication, or access-control features of the Service;
• (g) introduce viruses, trojans, worms, malware, or any other harmful or malicious code;
• (h) probe, scan, or test the vulnerability of the Service or any related system or network;
• (i) remove, alter, or obscure any copyright, trademark, or other proprietary notices;
• (j) use the Service in violation of any applicable law, regulation, or the rights of any third party.

We may release updates to the Application from time to time. Some updates may be required for continued use. Continued use of the Service after an update constitutes acceptance of the updated version.

6. User Content

Ownership: You retain all ownership rights in the content you store, upload, or transmit through the Service ("Your Content"). We do not claim ownership of Your Content.

Licence to operate: By using the Service, you grant us a worldwide, non-exclusive, royalty-free, fully paid-up licence to host, store, reproduce, transmit, cache, and display Your Content solely as necessary to operate, maintain, provide, and improve the Service and to deliver features you have selected. This licence terminates when you delete Your Content from the Service or when your use of the Service ends, except to the extent that copies of Your Content are retained in our routine backup systems (which will be deleted in the ordinary course).

Responsibility: You are solely responsible for Your Content. You represent and warrant that: (a) you own or have the necessary rights, licences, and permissions to use and authorise the use of Your Content as described herein; (b) Your Content does not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights; and (c) Your Content does not violate these Terms or any applicable law.

We do not endorse, verify, or assume any responsibility for Your Content. Because Privara uses end-to-end encryption, we generally cannot access, view, or moderate the contents of your encrypted vault.

7. Prohibited Content and Conduct

You agree not to use the Service for any unlawful, abusive, or prohibited purpose. Without limiting the foregoing, you shall not:

• (a) store, upload, transmit, or distribute any content that is illegal under applicable law;
• (b) store, upload, or distribute child sexual abuse material (CSAM) or any content that sexually exploits minors — violations will result in immediate and permanent termination of your access, deletion of content, and reporting to the National Center for Missing & Exploited Children (NCMEC) and/or applicable law enforcement authorities;
• (c) use the Service to harass, threaten, stalk, defame, or intimidate any person, or to engage in doxxing;
• (d) infringe or misappropriate any intellectual property, privacy, publicity, or other proprietary rights of any third party;
• (e) distribute or facilitate the distribution of malware, ransomware, spyware, phishing schemes, or other malicious software or scams;
• (f) impersonate any person or entity, or falsely represent your affiliation with any person or entity;
• (g) send unsolicited bulk communications (spam) through or using the Service;
• (h) use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use;
• (i) violate the privacy of others or collect personal information about other users without their consent;
• (j) use the Service to facilitate money laundering, terrorist financing, sanctions evasion, or other financial crimes.

We reserve the right to investigate suspected violations and to take any action we deem appropriate, including removing content, suspending or terminating accounts, and cooperating with law enforcement authorities. If we terminate your access for a violation of this section, you are not entitled to any refund.

8. Subscriptions, Purchases, and Billing

Payment: Certain premium features of the Service are available via paid subscriptions or one-time purchases. All payments for the Application are processed through Apple's In-App Purchase system. By purchasing a subscription or feature, you authorise Apple to charge your selected payment method. Your agreement with Apple governs payment processing; we are not responsible for Apple's actions or policies.

Pricing: Current options include a monthly plan at $4.99/month, an annual plan at $29.99/year, or a one-time lifetime purchase at $49.99. Prices may vary by region and are displayed in your local currency at the time of purchase. Prices are exclusive of applicable taxes unless stated otherwise.

Automatic renewal: Subscriptions automatically renew for successive periods of the same length at the then-current price unless you cancel at least 24 hours before the end of the current billing period. You can manage or cancel your subscription through your Apple ID account settings (Settings → [your name] → Subscriptions). If you cancel, you will retain access to premium features until the end of the current billing period.

Taxes: You are responsible for all applicable sales, use, VAT, GST, or other taxes imposed on your purchases, except where we or Apple are legally required to collect and remit such taxes.

Price changes: We may change subscription prices from time to time. We will provide notice of price changes as required by applicable law and the app store platform. For existing subscribers, price changes will take effect at the start of the next billing period following notice. Continued use after a price change constitutes acceptance of the new price.

Refunds: All sales are final and non-refundable, except where required by applicable law (including but not limited to EU consumer protection laws, Australian Consumer Law, and other mandatory local statutes). For refund requests related to App Store purchases, please contact Apple Support directly. Where applicable law grants you a right to a refund or cooling-off period, those rights are not affected by this provision.

9. Free Trials

We may offer free trial periods for premium features. Unless you cancel before the trial period ends, the trial will automatically convert to a paid subscription at the then-current price, and your payment method will be charged.

We may limit trial eligibility (for example, one trial per Apple ID). If we determine that you have previously used a trial, we may revoke the trial and charge the applicable subscription fee.

10. Cancellation and Termination

Cancellation by you: You may cancel your subscription at any time through your Apple ID account settings. Cancellation is effective at the end of the current billing period; you will not receive a prorated refund for the remaining period unless required by applicable law. Upon cancellation, your access to premium features will end at the close of the paid period.

Termination by us: We may suspend or terminate your access to the Service, in whole or in part, at any time and without prior notice if: (a) you breach these Terms; (b) we are required to do so by law, regulation, or legal process; (c) we reasonably believe your conduct endangers the security or integrity of the Service or other users; or (d) your account has been inactive for an extended period.

Effect of termination: Upon termination: (a) all rights and licences granted to you under these Terms immediately cease; (b) you must stop using the Service and delete all copies of the Application; (c) any data stored locally on your device remains under your control, but you will lose access to any cloud-synced features; and (d) provisions of these Terms that by their nature should survive (including Sections 6, 7, 12, 15, 16, 17, 18, 19, and 24) will survive termination.

You are not entitled to a refund for any period after termination for violation of these Terms.

11. Third-Party Services and Links

The Service may integrate with, link to, or rely upon third-party services, including but not limited to Apple's App Store and In-App Purchase system, iCloud, analytics providers, crash reporting services, and payment processors. These third-party services are governed by their own terms and privacy policies.

We are not responsible for the availability, accuracy, content, products, or services of third parties. Your use of any third-party service is at your sole risk. Any transactions between you and a third party are solely between you and that third party.

12. Intellectual Property

The Service, including but not limited to the Application, the Website, all software, code, algorithms, designs, graphics, user interfaces, text, trademarks, service marks, logos, and trade dress, is owned by or licensed to Echo Persona LLC and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws worldwide. All rights not expressly granted in these Terms are reserved.

The "Privara" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Echo Persona LLC or its affiliates. You may not use such marks without our prior written permission. All other trademarks not owned by us that appear in the Service are the property of their respective owners.

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you assign to us all rights in such Feedback and agree that we may use it without restriction or compensation to you.

13. Copyright Complaints (DMCA and International)

We respect intellectual property rights. If you believe that content available through the Service infringes your copyright, you may submit a notice under the U.S. Digital Millennium Copyright Act (DMCA) or analogous law in your jurisdiction to our designated agent at: support@privarahq.com.

Your notice must include: (a) identification of the copyrighted work you claim has been infringed; (b) identification of the material that is claimed to be infringing, with enough detail to locate it; (c) your contact information (name, address, telephone number, and email); (d) a statement that you have a good faith belief that the use is not authorised by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorised to act on the owner's behalf; and (f) your physical or electronic signature.

Counter-notice: If you believe your content was removed or disabled by mistake or misidentification, you may submit a counter-notice to support@privarahq.com containing the information required by the DMCA or applicable law. Misrepresentations in a notice or counter-notice may result in legal liability.

We may terminate the accounts of users who are repeat infringers in appropriate circumstances.

14. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices regarding the collection, use, and disclosure of your information. Privacy Policy

Privara is designed with privacy at its core. We do not have access to the contents of your encrypted vault, your passcode, or your encryption keys. These remain on your device and under your sole control. If you lose your passcode or recovery key, we cannot recover your encrypted data.

For users in the European Economic Area, United Kingdom, and Switzerland, our processing of personal data is governed by the General Data Protection Regulation (GDPR) and the UK GDPR, as applicable. For users in California, USA, our processing is subject to the California Consumer Privacy Act (CCPA/CPRA). For users in Brazil, our processing is subject to the Lei Geral de Proteção de Dados (LGPD). Additional details are provided in our Privacy Policy.

15. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (E) YOUR CONTENT WILL BE SAFE FROM UNAUTHORISED ACCESS, HACKING, DATA LOSS, OR OTHER SECURITY BREACHES.

YOU USE THE SERVICE AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT AFFECT ANY STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT UNDER APPLICABLE LAW, INCLUDING MANDATORY CONSUMER PROTECTION LAWS IN THE EU/EEA, UNITED KINGDOM, AUSTRALIA, OR OTHER JURISDICTIONS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Echo Persona LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, PROFITS, REVENUE, BUSINESS, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY U.S. DOLLARS (USD $50.00).

We are not responsible for data loss resulting from: lost or forgotten passcodes; lost or forgotten recovery keys; use of decoy or escape features; device failure, loss, or theft; failure to maintain adequate backups; or your decision to uninstall the Application. We cannot recover your encrypted data if you lose access to your credentials.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Echo Persona LLC, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (a) your access to or use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any applicable law, regulation, or third-party right; or (e) any dispute between you and a third party relating to the Service.

This indemnification obligation does not apply to users who are consumers residing in jurisdictions where indemnification clauses are prohibited or restricted by mandatory consumer protection laws (including the EU/EEA, United Kingdom, and Australia).

18. Dispute Resolution and Arbitration

Informal resolution: Before initiating any formal dispute proceeding, you agree to first contact us at support@privarahq.com and attempt to resolve the dispute informally for at least thirty (30) days. If we cannot resolve the dispute informally, either party may proceed as set forth below.

Binding arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") that is not resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the English language. The arbitration may be conducted in person, through the submission of documents, by phone, or online.

Class action waiver: YOU AND Echo Persona LLC EACH AGREE THAT ANY DISPUTE MUST BE BROUGHT IN YOUR OR OUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

Small claims exception: Either party may bring an individual action in small claims court for Disputes within the court's jurisdictional limits. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction for claims related to intellectual property rights or unauthorised access to the Service.

Opt-out: You have the right to opt out of this arbitration agreement by sending written notice to support@privarahq.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, you and we may litigate Disputes in court as set forth in Section 19.

Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the arbitrator may allocate fees accordingly.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Consumer exception: This Section 18 does not apply to the extent prohibited by mandatory consumer protection laws in your jurisdiction, including laws in the EU/EEA, United Kingdom, Australia, Brazil, and other jurisdictions that guarantee consumers access to their local courts.

19. Governing Law and Venue

These Terms and any Dispute arising out of or relating to them or the Service shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to its conflict-of-law principles.

For any Dispute not subject to arbitration, you and we agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Bernalillo County, New Mexico, United States.

Consumer rights: If you are a consumer, this choice of law and venue does not deprive you of the protection of mandatory consumer protection laws of your country of residence. Nothing in these Terms affects your rights as a consumer to rely on the mandatory provisions of the law of the country in which you reside. In particular, consumers in the EU/EEA may bring proceedings in their member state of residence, and consumers in the United Kingdom, Australia, Brazil, and other jurisdictions retain all rights afforded to them under mandatory local law.

20. Export Control and Sanctions Compliance

The Service may be subject to export control and sanctions laws of the United States and other jurisdictions, including the U.S. Export Administration Regulations (EAR) and sanctions programs administered by the Office of Foreign Assets Control (OFAC). You may not use, export, re-export, import, or transfer the Service except as authorised by U.S. law and the laws of the jurisdiction in which you obtained the Service.

You represent and warrant that: (a) you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions); (b) you are not on any U.S. government restricted party list, including the Specially Designated Nationals List, the Denied Persons List, or the Entity List; and (c) you will not use the Service for any purpose prohibited by applicable export control or sanctions laws.

21. International Provisions

We designed these Terms to be enforceable worldwide. The following additional provisions apply depending on your jurisdiction:

European Economic Area (EEA) and Switzerland

If you are a consumer in the EEA or Switzerland: (a) you have the right to withdraw from a digital content purchase within 14 days of purchase (the "cooling-off period"), unless you have expressly consented to the immediate supply of digital content and acknowledged that you lose your withdrawal right upon supply; (b) nothing in these Terms excludes or limits any rights you have under the Consumer Rights Directive (2011/83/EU), the Unfair Contract Terms Directive (93/13/EEC), or other mandatory EU consumer protection legislation; (c) any unfair terms within the meaning of Directive 93/13/EEC shall not be binding on you; and (d) you may bring legal proceedings in the courts of your member state of residence.

Online dispute resolution: The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. We are not obliged to participate in ODR proceedings but may do so voluntarily.

United Kingdom

If you are a consumer in the United Kingdom: (a) these Terms are subject to the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013; (b) nothing in these Terms affects your statutory rights that cannot be waived by contract; (c) a third party who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision, except where such right exists independently of that Act; and (d) you may bring legal proceedings in the courts of England and Wales, Scotland, or Northern Ireland, depending on where you reside.

Germany

If you are a user in Germany: (a) nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under German law; (b) for other cases, we are only liable for breaches of essential contractual obligations (Kardinalpflichten), and in such cases liability is limited to the foreseeable, typically occurring damage; and (c) the limitation of liability also applies in favour of our employees, agents, and vicarious agents.

Australia

If you are a consumer in Australia: (a) our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010); (b) nothing in these Terms purports to exclude, restrict, or modify any consumer guarantee or any right or remedy you may have under the Australian Consumer Law; and (c) to the extent permitted by law, our liability for breach of any implied condition or warranty that cannot be excluded is limited, at our option, to re-supplying the services or paying the cost of having them re-supplied.

Brazil

If you are a consumer in Brazil: (a) these Terms are subject to the Brazilian Consumer Defense Code (Código de Defesa do Consumidor — CDC, Law No. 8,078/1990); (b) any clause that is inconsistent with mandatory consumer protections under Brazilian law shall be deemed void to the extent of such inconsistency; and (c) disputes may be brought before the courts of your domicile.

South Korea

If you are a user in South Korea: (a) these Terms are subject to the Act on Consumer Protection in Electronic Commerce and the Act on the Regulation of Terms and Conditions; and (b) you may withdraw from a subscription within 7 days from the date of purchase, unless you have already started using the digital content.

Japan

If you are a consumer in Japan: (a) these Terms are subject to the Consumer Contract Act (消費者契約法); (b) any provision that unreasonably restricts your rights as a consumer or unreasonably expands our rights may be void under the Consumer Contract Act; and (c) the Act on Specified Commercial Transactions (特定商取引法) may apply to certain purchases.

22. Apple App Store Terms

If you obtained the Application from the Apple App Store, the following additional terms apply:

• (a) These Terms are entered into between you and Echo Persona LLC only, and not with Apple Inc. ("Apple"). Echo Persona LLC, not Apple, is solely responsible for the Application and its content.
• (b) Your licence to use the Application is limited to a non-transferable licence to use the Application on any Apple-branded device that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
• (c) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. Echo Persona LLC is solely responsible for any product warranties, whether express or implied. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if applicable); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Application.
• (d) Echo Persona LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• (e) In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Echo Persona LLC, not Apple, shall be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
• (f) Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
• (g) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You must also comply with all applicable third-party terms of agreement when using the Application (for example, your wireless data service agreement).

23. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last updated" date at the top of this page. For material changes, we will provide additional notice as appropriate under the circumstances — for example, by displaying a prominent in-app notice, sending you an email (if you have provided one), or requiring you to accept the updated Terms before continued use.

For existing users, material changes will become effective thirty (30) days after posting or after we send notice, whichever comes first, unless a longer notice period is required by applicable law. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those revised Terms.

If you do not agree to the revised Terms, you must stop using the Service before the changes take effect. We may require you to affirmatively accept updated Terms before permitting further use of the Service.

24. Miscellaneous

• Entire agreement: These Terms, together with the Privacy Policy and any additional terms we provide for specific features or promotions, constitute the entire agreement between you and Echo Persona LLC regarding the Service and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
• No waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorised representative of Echo Persona LLC.
• Assignment: You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, reorganisation, or sale of assets.
• Force majeure: We shall not be liable for any delay or failure to perform our obligations under these Terms resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, epidemic, natural disaster, government action, labour disputes, power failure, internet or telecommunications failure, or failure of third-party infrastructure.
• Electronic communications: You consent to receiving communications from us electronically (for example, by email, in-app notices, or through the Website). You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
• Notices: We may send notices to you by email, by posting on the Service, or by in-app notification. You are responsible for ensuring your contact information is current. Notice is deemed given: (a) if by email, when sent; (b) if posted on the Service, upon posting; or (c) if by in-app notification, when delivered. You may give us notice at support@privarahq.com or by mail to: 2201 Menaul Blvd NE Ste A, Albuquerque, New Mexico 87107-1711, United States.
• Headings: Section headings are for convenience only and do not affect the interpretation of these Terms.
• No agency: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Echo Persona LLC.
• Third-party rights: Except as expressly stated in Section 22 (Apple as a third-party beneficiary), these Terms do not confer any rights on any third party.
• Export compliance: Without limiting Section 20, you agree to comply with all applicable export laws and regulations in connection with your use of the Service.
• Government use: If you are a U.S. government end user, the Application is a "Commercial Item" as defined in 48 C.F.R. § 2.101, and is licensed in accordance with these Terms.
• Survival: Sections 6 (User Content — licence), 7 (Prohibited Content), 12 (Intellectual Property), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), 18 (Dispute Resolution), 19 (Governing Law), and this Section 24 shall survive any expiration or termination of these Terms.

25. Contact and Consumer Complaints

For questions, complaints, or claims regarding the Service or these Terms, please contact us at:

Echo Persona LLC
2201 Menaul Blvd NE Ste A, Albuquerque, New Mexico 87107-1711, United States
Email: support@privarahq.com · Website: privarahq.com

We will work in good faith to address your concerns promptly.

California residents: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

EU/EEA residents: The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. Our email address for ODR purposes is support@privarahq.com.

United Kingdom residents: If you are not satisfied with how we handle your complaint, you may be able to refer it to an approved alternative dispute resolution (ADR) provider.