PRIVATEBOND

Terms of Service

Last updated: October 20, 2026

PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE USING PRIVATEBOND OR ITS SERVICES. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 30.

PART I — GENERAL TERMS

Applicable to all Members

1. Description of Service

PrivateBond, operated by Web3 Services, LLC, a Wyoming limited liability company ("PrivateBond," "we," "us," or "our"), is a service for sharing private photos and videos with people the Sharer chooses, such as friends, partners and family. PrivateBond provides forensic watermarking, content delivery, leak detection, and related services. A Member uploads Content, which is then forensically watermarked and made available to the Viewers the Member shares it with. Each Viewer receives a uniquely watermarked copy of the Content, enabling forensic identification in the event of unauthorized redistribution.

PrivateBond is available in the United States. It is offered through our website, privatebond.io, and through the PrivateBond app for iPhone, including PrivateBond in Messages, which is distributed only in the United States App Store. Members can share photos in a Messages conversation or send them, with text messages, inside the PrivateBond app. PrivateBond Plus may be purchased only by Members with a United States billing address.

2. Definitions

  • "Member" means any person who holds a PrivateBond account. There is one type of account. Every Member has the same standing and may both share and view Content.
  • "Content" means any image, video, or other media uploaded to PrivateBond by a Member.
  • "Sharer" means a Member acting in the capacity of sharing Content, with respect to the Content that Member uploaded and the links that Member created.
  • "Viewer" means a Member acting in the capacity of accessing Content shared by another Member. "Sharer" and "Viewer" describe what a Member is doing in a particular instance; they are not different types of account.
  • "Identity Verification" means the process described in Section 4 by which PrivateBond ties a Member's account to a real person, currently by verifying a telephone number.
  • "Verified Phone Number" means the mobile telephone number a Member has verified under Section 4.
  • "Watermarked Copy" means the unique version of Content generated by PrivateBond's forensic watermarking system for a specific Viewer.
  • "Unauthorized Redistribution" means any sharing, copying, distributing, uploading, broadcasting, or making available of a Watermarked Copy or any derivative thereof to any person or service outside of PrivateBond, whether for commercial or non-commercial purposes.
  • "Leak" means any instance of Unauthorized Redistribution.
  • "Forensic Detection Report" means the report produced by PrivateBond's leak detection system identifying the Viewer whose Watermarked Copy matches media found outside PrivateBond.
  • "Credits" means the dollar-denominated units used to pay for compute processing on PrivateBond. One Credit corresponds to one United States cent. Credits replace the "Compute Tokens" concept used in prior versions of this Agreement; accepted prior balances are denominated identically under the new term. Credits are not sold as part of Free Views or PrivateBond Plus.
  • "Credit Hold" means a temporary reservation against a Member's Credit balance covering the estimated cost of a pending compute operation.
  • "View" means the first delivery to a Member, acting as a Viewer, of that Member's own Watermarked Copy of a photo shared by another Member. Opening a copy you have already received again is not a new View. Copies prepared for you but never delivered to you are not Views.
  • "Free Views" means the number of Views a Member may receive without a paid subscription, as described in Section 19A.
  • "PrivateBond Plus" or "Plus" means PrivateBond's paid monthly subscription described in Section 19A.

3. User Eligibility

To use PrivateBond, you must be at least 18 years of age. By accessing or using PrivateBond, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. We reserve the right to request proof of age at any time and to suspend or terminate access if we have reason to believe you do not meet this requirement.

4. Accounts, Authentication and Identity Verification

You can create an account and sign in in any of these ways:

  • With your phone number. PrivateBond shows you a one-time code. You send that code in one text message from your phone to the PrivateBond number, and we record the number the text came from. If your carrier cannot deliver that text, you can instead enter your number and we will text a code to you to enter. This is how accounts are created in the PrivateBond app for iPhone, including PrivateBond in Messages, and it is also available on privatebond.io.
  • With an email address on privatebond.io, using a password or a sign-in link we email to you.

The PrivateBond app keeps a random token in your iPhone's keychain so that it stays signed in. Treat your phone, your email account and your password as the keys to your PrivateBond account. You are responsible for keeping them secure and for all activity that occurs under your account. If you lose your phone or change your number, tell us at home@privatebond.io.

By creating an account, you consent to the collection and storage of your telephone number or email address (whichever you use), your IP address, records of the devices and browsers signed in to your account, and associated account activity, as described in our Privacy Policy.

Every Member is identity-verified. Each Member must complete Identity Verification once before sharing or viewing Content. Identity Verification is what ties each Watermarked Copy to a real person. It is performed by verifying a telephone number as described above. Each Verified Phone Number can belong to only one account at a time. PrivateBond may also offer, or substitute, other verification methods, such as a small payment-card charge processed by Stripe and refunded on settlement, and will describe any such method to you before you use it.

Devices and combining accounts. If a phone is already signed in to your account, it must approve any new phone that asks to join the account before the new phone can use it. Each time a new device or browser signs in to your account, your other signed-in devices show you a notice, and you can sign the new one out. If you have one account created with an email address and another created with a phone number, they can be combined into one, but only after the phone's owner confirms in the PrivateBond app. Once combined, the account keeps its Content, its sharing history and the forensic records tied to it, and the Verified Phone Number becomes the account's Identity Verification.

Payment information. By submitting payment information through PrivateBond — including PrivateBond Plus, Credit purchases, any payment-card verification we offer under this Section, or any other transaction — you consent to PrivateBond's collection and storage of the payment details and associated information, including cardholder name, billing address, telephone number, payment-method identifiers, and the resulting Stripe Customer record. This information is collected, stored, and may be retrieved for the purpose of identifying the natural person who controls and uses the account.

By verifying a telephone number, or by initiating any payment or verification transaction, you represent and warrant that the telephone number is yours and in your control, and that any payment instrument and personal information you submit with it (including cardholder name, billing address, and telephone number) are accurate and reflect the identity of the person who controls and uses the account. You agree that PrivateBond may rely on these details as the identifying information for the account holder.

Restricted links. PrivateBond may allow a Sharer to restrict a link so that only specific Members, identified by verified information such as an email address or telephone number, can open it. Where this feature is offered, PrivateBond applies the restriction using the information the Sharer supplies and the information each Viewer verified; PrivateBond does not warrant that the information a Sharer supplies identifies the person the Sharer intends.

4A. Continuity of Acceptance Across Renamed Roles

Prior versions of this Agreement used different names for Members who share Content and for Members who view it, and treated sharing and viewing as separate account types. This version uses a single account type ("Member") and the term "Sharer" for any Member who shares. Acceptances of prior versions of this Agreement remain in full force and effect under the terms used in this version; no re-acceptance is required as a consequence of the renaming. References to "Compute Tokens" in prior versions are likewise carried forward as references to "Credits" under this version, with the same unit value (one Credit = one United States cent).

5. Content Restrictions

You must not upload or access content that is: unlawful, harmful, threatening, abusive, defamatory, or otherwise illegal; infringing of any third party's intellectual property rights; containing malware or harmful code; or in violation of any applicable laws or regulations.

What PrivateBond is for. PrivateBond is a private photo-sharing service that marks each person's copy so a leak can be traced. PrivateBond Plus pays for the service (unlimited opens and video), never for access to any particular content. PrivateBond does not sell, license or distribute adult content.

Everyday photos. Everyday photos of people and bodies, including swimwear, underwear, shirtless and beach photos, are welcome and are not refused or hidden. If we mark one as sensitive by mistake, report it from the app and we will correct it.

Explicit content is not permitted. Pornography and other explicit sexual content may not be uploaded or shared. Our screening refuses a photo it rates as explicit, and we may remove Content, and suspend or close accounts, that use PrivateBond to distribute such material.

Nudity and suggestive photos. A photo that our screening rates as nudity or sexually suggestive, without being explicit, is accepted but hidden by default. It is shown only to a Viewer who has turned on sensitive content in their account settings at privatebond.io, which requires a one-time identity-document age check confirming the Viewer is 18 or older. It cannot be turned on in the PrivateBond app. A Viewer who has not turned it on is told why the photo cannot be shown, and the Sharer can always see their own original.

What is never allowed. You must not upload or share: any sexual or sexualized image of a person under 18 (child sexual abuse material), which we block, report to the National Center for Missing & Exploited Children as the law requires, and treat as grounds for immediate termination; an intimate image of any person who has not consented to it being shared; graphic violence; or instructions for self-harm.

Screening. Photos are screened automatically before they are stored. Photos identified as explicit sexual content, sexual content involving a minor, graphic violence, or instructions for self-harm are not stored or shared. Photos are also checked against databases of known child sexual abuse imagery when they are delivered. Automated screening is not perfect, and we do not guarantee that it catches every prohibited photo or never marks a photo wrongly.

Reports and blocks. Any Member may report a photo or block a person from the PrivateBond app. A reported photo stops showing for the person who reported it straight away. We act on reports within 24 hours and may remove Content, stop a share, or suspend or close an account. Blocking a person stops their new photos and messages from reaching you; it does not delete copies you already received. You can also reach us at home@privatebond.io.

5A. Messages in the PrivateBond App

Members can send each other text messages and photos inside the PrivateBond app. Messages go only to the members of the conversation. Every photo sent in a message is a share like any other: it is screened, and each recipient receives their own Watermarked Copy under these Terms. The sender can unsend a message; it is then hidden for everyone, and an unsent photo makes no new copies, but the records and any copies already made are kept, as described in our Privacy Policy. Messages from a person you have blocked are not delivered to you. Sections 5, 6 and 21 apply to messages as they do to all Content.

6. Prohibited Conduct

You agree not to: upload content that violates applicable laws; use PrivateBond to facilitate illegal activities; attempt to circumvent security features, watermarking systems, or access controls; attempt to gain unauthorized access to other accounts or systems; engage in Unauthorized Redistribution of any Watermarked Copy; use automated systems, bots, or scrapers to access PrivateBond without written authorization; or reverse-engineer, decompile, or disassemble any aspect of PrivateBond's technology.

7. IP Address Collection

By accessing Content through PrivateBond, you consent to the recording and storage of your IP address. IP addresses are collected for: account security; fraud prevention; forensic investigation and leak detection; and compliance with legal obligations.

8. DMCA and Takedown Procedures

We comply with the Digital Millennium Copyright Act (DMCA). If you believe content on PrivateBond infringes your copyright, please contact us with: identification of the copyrighted work; identification of the infringing material; your contact information; a statement of good faith belief; and a statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner. Contact: home@privatebond.io

9. DISCLAIMER OF WARRANTIES

PRIVATEBOND'S SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS. WE DO NOT GUARANTEE ANY SPECIFIC PROCESSING TIME, OUTPUT QUALITY, RESOLUTION, OR WATERMARK ACCURACY OR DURABILITY.

Video processing takes longer than photo processing and can take minutes or longer depending on the length of the video, demand and available computing capacity. A Viewer may not be able to open a video until processing has finished. Processing times shown in PrivateBond are estimates.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRIVATEBOND AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF PRIVATEBOND. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT YOU PAID TO PRIVATEBOND IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless PrivateBond and its officers, directors, members, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or in connection with: your use of PrivateBond; Content you upload; your violation of this Agreement; or your violation of any third party's rights.

12. Termination

We may terminate or suspend your account at any time, with or without cause, with or without notice, at our sole discretion. Upon termination, your right to use PrivateBond ceases immediately. If you have PrivateBond Plus when your account is closed or terminated, the subscription is cancelled at the same time and you will not be charged again. Section 19A.7 explains refunds. All Credit purchases are final. Any Credits remaining in your account at termination are non-refundable, except to the extent required by the applicable law of your jurisdiction (e.g., cash redemption of balances below $15.00 under California Civil Code § 1749.5).

PART II — SHARER TERMS

Applies whenever you share Content

13. Admission of Members

PrivateBond may admit Members, and may offer particular features, at its sole discretion, including by waitlist or invitation. Joining a waitlist does not create an account or any right to one. PrivateBond may suspend or revoke the ability to upload or share Content at any time.

14. License Grant to PrivateBond

By uploading Content to PrivateBond, you grant PrivateBond a worldwide, non-exclusive, royalty-free license to: (a) transform your Content through automated forensic watermarking systems; (b) store the original and transformed Content; (c) generate shareable links; (d) display uniquely watermarked versions exclusively to authorized Viewers; and (e) use the Content for forensic analysis and leak detection purposes. This license exists only for the duration necessary to provide PrivateBond's services and terminates upon deletion of the Content from PrivateBond, except that PrivateBond may retain forensic records (watermark metadata, detection data) indefinitely for leak detection purposes.

15. Legacy Programmes

Earlier versions of this Agreement described programmes and subscription plans that are closed to new enrolment. For any account enrolled in one of them before October 9, 2026, the provisions of the version of this Agreement last updated May 26, 2026 that governed that programme or plan (former Sections 13, 15, 19.4, 19A and 19B) continue to apply to that enrolment, including any balance accrued under it, until the enrolment ends. A copy of that version is available on request from home@privatebond.io.

16. Appointment as Agent for Content Access Terms

By uploading Content, you appoint PrivateBond as your limited agent for the purpose of presenting Content Access Terms (as defined in Part IV) to Viewers on your behalf. You authorize PrivateBond to require Viewers to accept a limited, revocable license to view your Content, and to include provisions regarding Unauthorized Redistribution, forensic watermarking consent, and dispute resolution. You acknowledge that these Content Access Terms create obligations running from the Viewer to you, the Sharer, and that PrivateBond acts as facilitator of this relationship but is not a party to it.

17. Sharer Rights in the Event of a Leak

Nothing in this Agreement limits, waives, or abridges any rights, claims, or causes of action that you, as a Sharer, may have against any Viewer under applicable tort law, statutory law, or common law, including but not limited to claims for invasion of privacy, misappropriation of likeness, violation of the right of publicity (including Cal. Civ. Code § 3344), nonconsensual distribution of intimate images (including Cal. Civ. Code § 1708.85), intentional infliction of emotional distress, or any other claim arising from Unauthorized Redistribution. These rights exist independently of this Agreement and are not created, limited, or superseded by it.

18. Leak Detection Services for Sharers and Their Representatives

PrivateBond offers forensic leak detection services to Sharers and their legal representatives. Upon request, PrivateBond will analyze submitted media against its forensic watermark records and produce a Forensic Detection Report identifying, where possible, the Viewer whose Watermarked Copy matches the submitted media.

Leak detection services are provided at the fee PrivateBond quotes before the analysis begins, charged as a flat fee per analysis. Fees are not contingent on the outcome of any analysis, investigation, or legal proceeding. PrivateBond's Forensic Detection Reports are factual forensic reports describing what the watermark data shows; they do not contain legal conclusions.

Sharers and their legal representatives acknowledge that PrivateBond created the watermarks and operates the detection system. PrivateBond recommends that parties may, at their own expense, engage independent third-party verification of any Forensic Detection Report.

PrivateBond does not guarantee that any particular leak detection analysis will successfully identify the source Viewer. Detection accuracy depends on the characteristics of the original Content and of the leaked media. Detection may be degraded, inconclusive, or impossible where, among other things: (a) the Content is highly repetitive, low-detail, or contains long sequences of visually similar frames (e.g., static shots, solid color backgrounds, or near-duplicate imagery); (b) the Content contains abnormal or non-naturalistic frames or images (e.g., synthetic, computer-generated, heavily stylized, animated, or otherwise non-photographic material); (c) the leaked media has been re-encoded, transcoded, cropped, rescaled, filtered, re-recorded (e.g., screen-photographed or screen-recorded through additional compression), or otherwise transformed in ways that degrade the watermark signal; or (d) only a short or low-quality fragment of the original Content is available for analysis. PrivateBond's fees for leak detection services are charged per analysis and are not contingent on a successful identification. A failure to identify a Viewer from a particular submission is not a breach of this Agreement and does not entitle any party to a refund of detection fees.

18A. No Obligation to Pursue Legal Action; Discretion of PrivateBond

PrivateBond has no obligation, contractual or otherwise, to initiate, fund, prosecute, settle, or otherwise pursue any legal action, arbitration, claim, demand, investigation, cease-and-desist, takedown action, or other enforcement proceeding against any Viewer, third party, or other person in connection with a Leak or any Unauthorized Redistribution. Without limiting the generality of the foregoing, PrivateBond's rights to seek liquidated damages, injunctive relief, or any other remedy against a Viewer under Section 22, Section 30, or any other provision of this Agreement, other than amounts payable to the Sharer under Section 22.3, which belong to the Sharer alone, are rights that PrivateBond may exercise in its sole and absolute discretion, and PrivateBond is under no duty — to any Member, Sharer, Viewer, or any other party — to exercise, assert, or enforce those rights, in whole or in part, on any timeline, against any particular person, or at all.

PrivateBond's role with respect to Unauthorized Redistribution is to operate the forensic watermarking and detection systems and, on request and subject to Section 18 and Section 29, to produce Forensic Detection Reports and other forensic data that a Sharer (or the Sharer's legal representatives) may use to support a claim that the Sharer elects to bring in the Sharer's own name. The Sharer is solely responsible for evaluating, initiating, funding, prosecuting, settling, and bearing the outcome of any such claim, including all attorneys' fees, filing fees, arbitration fees, expert costs, and other expenses, and including any counterclaims, fee-shifting awards, sanctions, or adverse judgments.

PrivateBond's decision to pursue, decline to pursue, delay, settle, or abandon any potential claim against any Viewer or other party — including any claim arising under Section 22 — is not, and shall not be construed as, a breach of this Agreement, a breach of any duty of good faith and fair dealing, a waiver of any other right, or a basis for any claim by any Sharer or other party against PrivateBond. PrivateBond's election not to pursue a claim in one instance does not waive PrivateBond's right to pursue a claim in any other instance, and does not waive, release, or impair any independent right or claim that a Sharer may have against the Viewer under Section 17, Section 27, or applicable law.

Where PrivateBond elects, in its sole discretion, to pursue a claim against a Viewer or other party, PrivateBond may do so for its own account and benefit, may control the strategy and disposition of such claim, and may settle or dismiss such claim on any terms it deems appropriate, without any obligation to share recovery, consult with, or obtain consent from any Sharer, except as PrivateBond may separately agree in a signed writing.

PART III — VIEWER TERMS

Applies whenever you view Content shared by another Member

19. Fees, Credits and Payments

19.1 Fees

Where a fee applies to any PrivateBond service, the fee is shown to you before you incur it. PrivateBond determines all pricing at its sole discretion and may change it at any time; a change does not affect a charge you have already accepted.

19.2 Credit System

Compute processing on PrivateBond may be paid for with Credits. Credits are dollar-denominated (one Credit = one United States cent). Credits are NOT a cryptocurrency, security, investment vehicle, or store of value. Credits exist solely as the unit of account for paying for Content access and processing services through PrivateBond.

19.3 Purchases

Payments are processed by Stripe in US dollars. By making a payment, you agree to Stripe's terms of service. PrivateBond Plus is bought on privatebond.io, not through Apple's App Store; Apple is not a party to the purchase and does not process, manage or refund it. All purchases are final except as described in Sections 19.5 and 19A.7.

19.4 Quality and Priority

Where offered, Members may select output quality and processing priority when viewing Content. Priority determines queue position, not guaranteed delivery time. Estimated delivery times are approximations only.

19.5 Refunds

Credits are automatically refunded if a watermarking job fails. Beyond automatic failure refunds, all Credit purchases are non-refundable. We do not provide refunds for dissatisfaction with processing time, output quality, or any other subjective assessment.

19.6 Credit Holds

Before a compute operation begins, Credits equal to the estimated cost may be placed on temporary hold against your balance. Holds expire automatically if the operation is not confirmed within a reasonable window (currently fifteen (15) minutes). Held Credits are released back to your balance on hold expiry or operation failure; they are consumed on operation success.

19A. Free Views and PrivateBond Plus

19A.1 Sharing photos is free

Sharing photos on PrivateBond is free, and there is no limit on how many photos you share or how many people you share them with. Each person you share with receives their own Watermarked Copy when they open it, subject to Section 19A.3. Sharing video requires PrivateBond Plus.

19A.2 Free Views

Every Member can receive 5 Views for free in total, over the life of the Member's account. A View is counted the first time you receive your copy of a photo someone else shared with you; opening that copy again later is free and is never counted again. A photo that is not shown to you, for example because it is hidden as sensitive content, is not counted. Free Views cover photos only; opening a video requires PrivateBond Plus. Free Views belong to the person who verified the account. They cannot be transferred, sold or combined with another account, and they have no cash value. Deleting an account and verifying again with the same telephone number does not restore them.

19A.3 When your Free Views are used up

After your 5 Free Views, you need PrivateBond Plus to receive a new photo. When you open a new photo without Plus, PrivateBond shows you the price of Plus and a link to privatebond.io/plus, where you can subscribe if you choose. You are never charged unless you subscribe there. Photos you already received stay viewable without Plus. The Sharer of a photo is not charged and does not need Plus.

19A.4 What PrivateBond Plus includes

While Plus is active, you may open an unlimited number of photos and videos shared with you, and you may share videos. Without Plus, you may share unlimited photos, share no videos, and open 5 photos in total. Every other feature of PrivateBond, including forensic watermarking and leak detection under Sections 18 and 29, works the same for Members with and without Plus. Plus does not change the watermark, and it does not change your obligations under Sections 20 to 22 and Part IV. "Unlimited" is still subject to these Terms, including Sections 5 and 6 and our right to stop automated or abusive use.

19A.5 Price and automatic renewal

PrivateBond Plus costs $20.00 per month, charged to the payment method you give us when you subscribe and then automatically every month on the same date. It continues until you cancel. There is no minimum term. By subscribing, you authorize PrivateBond, through Stripe, to charge that amount every month until you cancel. If a payment fails, we may retry it, and Plus may be paused until payment succeeds.

19A.6 How to cancel

You can cancel at any time online: go to privatebond.io/plus and choose "Manage subscription", or open Account in the PrivateBond app, which takes you to the same place. You can also cancel by emailing home@privatebond.io from the email address on your subscription, or from any address with your Verified Phone Number in the message. We will not require you to talk to a person or a chat assistant to cancel, and we will not show you an offer to stay unless you first agree to see one. Cancellation takes effect at the end of the month you have already paid for. You keep Plus until then and are not charged again.

19A.7 Refunds

Except where the law requires otherwise, we do not refund the remaining part of a month after you cancel. If a charge was made in error, or if you cancel within 14 days after the first charge at a higher price under Section 19A.9, we will refund the unused part of that month.

19A.8 When Plus ends

When Plus ends because you cancel, a payment fails or your account is closed: (a) every photo and video you already received stays viewable by you, subject to Section 25 and the Sharer's right to stop sharing; (b) you receive no new photos beyond any Free Views you have left; (c) you can no longer open new videos or share videos, though videos you already received stay viewable and videos you already shared stay with the people who received them; (d) you can still share photos with anyone, free; and (e) the forensic records described in our Privacy Policy are kept.

19A.9 Changes to price or terms

We will tell you about a price change at least 14 days and no more than 30 days before it takes effect, by email to the address on your subscription and in the PrivateBond app. The notice will explain how to cancel. The new price applies from your first renewal after the change takes effect. We will tell you about any other material change to Plus before it takes effect. Changes to Free Views apply going forward only; photos you already received are never taken back.

19A.10 Free trials

PrivateBond does not currently offer a free trial of Plus. If we offer one, its length, the date the first charge will be made, the price after it ends, and how to cancel before being charged will be shown before you start it.

19A.11 Availability

Plus is offered only to Members in the United States. Purchases are made in US dollars on privatebond.io.

20. Consent to Forensic Watermarking

By accessing any Content through PrivateBond, you affirmatively consent to the application of forensic watermarks to every piece of Content you view. You acknowledge that: (a) each Watermarked Copy is unique to you and traceable to your account; (b) PrivateBond maintains records linking each Watermarked Copy to your account; (c) these records may be used for forensic investigation in the event of Unauthorized Redistribution; and (d) you have no right to remove, alter, or obscure any watermark applied by PrivateBond.

21. Prohibition on Unauthorized Redistribution

You shall not engage in Unauthorized Redistribution of any Watermarked Copy. This prohibition includes, without limitation: sharing, posting, uploading, emailing, messaging, broadcasting, streaming, or otherwise making available any Watermarked Copy (or any portion, screenshot, screen recording, photograph of a screen, or derivative thereof) to any person or through any channel outside of PrivateBond. This prohibition survives termination of your account and this Agreement.

You make this promise to PrivateBond and to the Sharer of each Watermarked Copy you receive. Each of them may enforce it independently of the other, and each may recover the amounts that Section 22 provides for that party. The Sharer's right to enforce this Section is in addition to, and does not replace, the Sharer's rights described in Sections 17 and 27.

22. Liquidated Damages

22.1 What a Leak does

PrivateBond exists to prevent leaks. Its entire service rests on the trust of Sharers and Viewers that a photo or video shared through PrivateBond stays with the people it was shared with. Any Leak breaks that trust publicly. You acknowledge and agree that any Leak is presumed to cause PrivateBond a reputational financial loss, together with the cost of forensic analysis and incident response, and that any Leak is presumed to cause the Sharer personal and financial harm. You further acknowledge that the amount of this harm is impracticable and extremely difficult to fix, because the eventual audience of a leaked copy cannot be known, because loss of trust spreads by word of mouth among people who cannot be identified or counted, and because harm to a person's privacy and dignity has no market price. For these reasons the parties agree on the amounts in this Section 22 as the amounts presumed to be the damages sustained, as permitted by California Civil Code section 1671, subdivision (d).

22.2 Amounts payable to PrivateBond

In the event of Unauthorized Redistribution by a Viewer, the Viewer agrees to pay PrivateBond:

  • One Thousand Five Hundred Dollars ($1,500) per Leak incident. A Leak incident is all Unauthorized

Redistribution by the same Viewer that PrivateBond addresses in a single investigation, regardless of the number of channels or recipients.

  • Three Hundred Dollars ($300) for each piece of Content beyond the first that is the subject of

Unauthorized Redistribution in the same Leak incident.

  • Cap: the total payable to PrivateBond under this Section 22.2 shall not exceed Seven Thousand Five

Hundred Dollars ($7,500) per Leak incident.

These amounts reflect PrivateBond's estimate, made before this Agreement was offered and recorded in a dated memorandum that PrivateBond keeps and will produce in any proceeding under Section 30, of the cost of forensic analysis and incident response and of the subscription revenue lost when a Sharer's circle loses trust in PrivateBond. PrivateBond re-estimates these amounts periodically; changes apply only to Leaks occurring after the revised Agreement takes effect under Section 32.

22.3 Amounts payable to the Sharer

In the event of Unauthorized Redistribution by a Viewer, the Viewer agrees to pay the Sharer of the Content:

  • Seven Hundred Fifty Dollars ($750) for each piece of Content that is the subject of Unauthorized

Redistribution; or

  • Three Thousand Dollars ($3,000) for each such piece that PrivateBond had marked as sensitive under

Section 5 at the time it was delivered to the Viewer.

  • Cap: the total payable to the Sharer under this Section 22.3 shall not exceed Twelve Thousand Five

Hundred Dollars ($12,500) per Leak incident.

The ordinary amount corresponds to the minimum statutory damages that federal copyright law sets for the unauthorized distribution of one work (17 U.S.C. § 504(c)(1)). The sensitive amount reflects the greater harm that legislatures and courts have recognised when private images of the body are exposed. The cap corresponds to the California small-claims limit for an individual, so that a Sharer may bring the entire claim without a lawyer. The Sharer may enforce this Section 22.3 directly against the Viewer under Sections 28 and 30.9. PrivateBond has no obligation to pursue, and no interest in, amounts payable to the Sharer, and the Sharer has no interest in amounts payable to PrivateBond.

22.4 Nature of these amounts

The amounts in Sections 22.2 and 22.3 are the parties' reasonable estimate, made when this Agreement was entered into, of the probable loss from a Leak. They are not a penalty and are not intended to compel performance. They are the same whether or not the Viewer profited from the Leak and whether or not the Viewer intended harm.

22.5 Exclusive contract remedy; other rights preserved

Section 22.2 is PrivateBond's sole and exclusive monetary remedy against the Viewer for harm to PrivateBond arising from a Leak. Section 22.3 is the Sharer's sole and exclusive monetary remedy against the Viewer under this Agreement for harm arising from the same Leak. Neither limits (a) PrivateBond's or the Sharer's right to injunctive or other equitable relief, including under Section 30.7, (b) PrivateBond's right to suspend or terminate the Viewer's account under Section 12, or (c) any right, claim or cause of action the Sharer has against the Viewer under tort law, statutory law or common law independently of this Agreement, as described in Sections 17 and 27, including claims for general, special, statutory and punitive damages where the law allows them.

22.6 Disputes about pieces and tiers

PrivateBond will give the Viewer written notice identifying each piece of Content it has determined to be the subject of a Leak and whether that piece was marked sensitive when delivered. The Viewer may dispute the identification or the tier within fifteen (15) days of the notice. Any dispute is decided under Section 30, and the arbitrator may review PrivateBond's Forensic Detection Report and content-screening record and adjust the count or tier.

23. Forensic Detection Reports as Evidence

You agree that PrivateBond's Forensic Detection Reports shall constitute rebuttable prima facie evidence of: (a) the identity of the Viewer to whom the Watermarked Copy was delivered; (b) the uniqueness of the watermark variation assigned to that Viewer; and (c) the match between the redistributed media and the Viewer's Watermarked Copy.

This evidentiary presumption is rebuttable. The responding party may present contrary evidence to challenge the findings of any Forensic Detection Report. You acknowledge that PrivateBond created the watermarks and operates the detection system, and that you may, at your own expense, engage independent third-party forensic analysis.

24. Watermarking Limitations

YOU ACKNOWLEDGE AND AGREE THAT:

  • Watermarking technology is not infallible and may not survive all forms of content manipulation, compression, or redistribution
  • We do not guarantee that leaked Content can be traced back to a specific Viewer in all circumstances
  • Detection is inherently less reliable, and may be inconclusive or impossible, for Content that is highly repetitive, low-detail, or composed of long sequences of visually similar frames, and for Content containing abnormal or non-naturalistic frames or images (including synthetic, computer-generated, heavily stylized, animated, or otherwise non-photographic material)
  • Output quality may vary depending on the original Content quality, processing conditions, and other technical factors
  • Content may undergo visual changes during the watermarking process that are inherent to the technology
  • We are not responsible for any loss, damage, or liability arising from the limitations of our watermarking technology, including the limitations described in Section 18

PART IV — CONTENT ACCESS TERMS

Relationship between Sharers and Viewers, facilitated by PrivateBond

25. Limited, Revocable License

By accessing any Content through PrivateBond, the Viewer receives a limited, personal, non-exclusive, non-transferable, revocable license from the Sharer (granted through PrivateBond as the Sharer's authorized agent) to view the Watermarked Copy on the Viewer's personal device, solely for the Viewer's own private, non-commercial viewing. This license does not constitute a sale, assignment, or transfer of any ownership rights in the Content. The Sharer retains all right, title, and interest in the Content at all times.

This license is automatically and immediately revoked upon any act of Unauthorized Redistribution. Any use of the Content beyond the scope of this limited license is unauthorized and may give rise to claims by the Sharer under applicable tort, statutory, or common law.

26. Viewer Obligations to Sharers

By accessing Content, the Viewer acknowledges and agrees that:

  • The Content belongs to the Sharer;
  • The Viewer has received only a limited license to view, not to redistribute, reproduce, or create derivative works;
  • Unauthorized Redistribution may violate the Sharer's rights under applicable law, including but not limited to rights of privacy, right of publicity, copyright, and other statutory and common law protections;
  • The Sharer has legal rights and remedies against the Viewer that exist independently of this Agreement and are not limited by it.

27. Preservation of Sharer's Independent Legal Rights

Nothing in this Agreement shall be construed to limit, waive, or abridge any rights, claims, or causes of action that any Sharer may have against any Viewer under applicable tort law, statutory law, or common law. Without limitation, Sharers retain the right to pursue claims for:

  • Invasion of privacy
  • Misappropriation of likeness and violation of the right of publicity (including Cal. Civ. Code § 3344)
  • Nonconsensual distribution of intimate images (including Cal. Civ. Code § 1708.85 and 15 U.S.C. § 6851)
  • Intentional infliction of emotional distress
  • Copyright infringement
  • Any other claims arising from Unauthorized Redistribution

These rights arise from legal duties that exist independently of this Agreement. This Agreement does not create these duties; it acknowledges their independent existence. The Viewer's promise to the Sharer in Section 21 and the amounts payable to the Sharer under Section 22.3 are in addition to, and not in lieu of, these rights, and a Sharer's recovery under Section 22.3 does not reduce any recovery under them except to the extent the law forbids double recovery of the same loss.

28. Sharers as Intended Third-Party Beneficiaries

Sharers whose Content is accessible through PrivateBond are express intended third-party beneficiaries of this Agreement, including without limitation Section 21, Section 22.3 and the arbitration provision in Section 30. By accepting this Agreement, Viewers agree to arbitrate any and all disputes arising from the Viewer's access to or use of Sharer Content with the applicable Sharer, under the same arbitration procedures set forth in Section 30. Each Sharer shall have the independent right to enforce Section 21, Section 22.3 and the arbitration provision of this Agreement against the Viewer.

29. Leak Detection Services for Legal Proceedings

PrivateBond provides forensic leak detection analysis to Sharers and their attorneys, law firms, or other authorized legal representatives for use in legal proceedings, including arbitration under this Agreement. These services are available at the fee PrivateBond quotes before the analysis begins, charged as a flat rate per analysis. Fees are never contingent on the outcome of any analysis or proceeding.

PART V — DISPUTE RESOLUTION

Applicable to all disputes among PrivateBond, Sharers, and Viewers

30. Mandatory Binding Arbitration

30.1 Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

You and PrivateBond agree that any dispute, claim, or controversy arising out of or relating to this Agreement, your use of PrivateBond, the Content, or the relationship between you and PrivateBond, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively by binding arbitration, except as provided in Section 30.7 (Small Claims Exception). This includes disputes between Viewers and Sharers arising from a Viewer's access to or use of Sharer Content, including but not limited to claims for invasion of privacy, misappropriation, intentional infliction of emotional distress, or any other tort, statutory, or common law claim.

30.2 Pre-Arbitration Dispute Resolution

Before initiating arbitration, the complaining party must first send a written description of the dispute ("Notice of Dispute") to the other party. Notices to PrivateBond should be sent to home@privatebond.io. Notices to Viewers or Sharers will be sent to the email address on file or, for a Member who has no email address on file, by text message to the Verified Phone Number. The parties shall attempt to resolve the dispute informally for thirty (30) days from the date the Notice of Dispute is received. If the dispute is not resolved within thirty (30) days, either party may initiate arbitration.

30.3 Arbitration Provider and Rules

Arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, or, if the claim exceeds $250,000, the JAMS Comprehensive Arbitration Rules and Procedures. The arbitration shall be conducted by a single arbitrator. The arbitration may be conducted in person, by telephone, by videoconference, or based on written submissions, as determined by the arbitrator.

30.4 Location and Fees

If you are a consumer, the arbitration shall be held in the county of your residence or, at your election, by telephone or videoconference. PrivateBond shall pay all JAMS filing fees, administration fees, and arbitrator fees in excess of the amount you would have been required to pay to file a claim in court. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, then the payment of all fees shall be governed by the JAMS rules.

30.5 Class Action Waiver

YOU AND PRIVATEBOND AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY, 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 representative or class proceeding. If this class action waiver is found unenforceable, the entire arbitration provision shall be void.

30.6 Waiver of Jury Trial

BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL. You understand that, absent this Agreement, you would have the right to sue in court and have a jury trial. You acknowledge that you are voluntarily and knowingly waiving these rights.

30.7 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the jurisdiction of small claims court. Additionally, this arbitration provision does not preclude either party from seeking provisional remedies, including injunctive relief, in any court of competent jurisdiction.

30.8 Opt-Out

You may opt out of this arbitration provision by sending written notice to home@privatebond.io within thirty (30) days of first accepting this Agreement. Your notice must include your name, your email address or Verified Phone Number, and a clear statement that you wish to opt out of the arbitration provision. If you opt out, all other terms of this Agreement remain in effect.

30.9 Arbitration of Sharer-Viewer Disputes

You specifically agree that any dispute between you (as a Viewer) and a Sharer arising from your access to or Unauthorized Redistribution of Sharer Content, including any claim for the amounts payable to the Sharer under Section 22.3, shall be resolved through binding arbitration under this Section 30. The Sharer, as an express intended third-party beneficiary of this Agreement, has the independent right to initiate arbitration against you under these terms. The same procedures, rules, and class action waiver set forth in this Section 30 apply to Sharer-Viewer disputes.

30.10 Fee Allocation for Sharer-Viewer Disputes

In arbitration between a Sharer and a Viewer, PrivateBond shall advance the JAMS filing fees and initial arbitrator costs on behalf of the initiating Sharer. The Viewer's share of arbitration costs shall not exceed Two Hundred Fifty Dollars ($250), consistent with the JAMS Consumer Minimum Standards. The arbitrator shall have authority to reallocate fees and costs in the final award based on the merits and outcome of the dispute.

31. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. The choice of California law applies to all disputes arising under this Agreement, including tort, statutory, and common law claims. To the extent any dispute is not subject to arbitration, the exclusive jurisdiction and venue shall be the state and federal courts located in the City and County of San Francisco, California.

PART VI — GENERAL PROVISIONS

32. Amendments

We may amend this Agreement at any time by posting the revised terms on PrivateBond. We will notify registered users of material changes via email to the address on file, or in the PrivateBond app. Changes to the price or other material terms of PrivateBond Plus are made only as described in Section 19A.9, and continuing to use PrivateBond does not replace the notice described there. Your continued use of PrivateBond after any changes constitutes acceptance of the revised Agreement. If you do not agree to the revised terms, your sole remedy is to cease using PrivateBond and close your account.

33. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. If any amount in Section 22 is found unenforceable, the party to whom it was payable retains the right to seek actual damages for the same Leak. If any portion of the arbitration provision (Section 30) is found unenforceable, the parties agree that the remaining arbitration terms shall be enforced to the maximum extent permitted by law, except that if the class action waiver is found unenforceable, the entire arbitration provision shall be void. If any specific claim or cause of action is determined to be non-arbitrable under applicable law (including the California Arbitration Act, Code of Civil Procedure section 1280 et seq.), such claim shall be resolved in the courts specified in Section 31, while all remaining claims shall continue to be resolved through arbitration.

34. Entire Agreement

This Agreement constitutes the entire agreement between you and PrivateBond regarding your use of PrivateBond and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

35. International Users

PrivateBond is offered for use in the United States. If you use it from elsewhere, you do so on your own initiative.

If you are a consumer habitually resident in the European Economic Area, the United Kingdom, or any jurisdiction whose mandatory consumer protection laws conflict with the provisions of this Agreement, the following applies: the mandatory arbitration provision (Section 30), class action waiver (Section 30.5), and forum selection clause (Section 31) shall not apply to the extent they are prohibited by the mandatory consumer protection laws of your jurisdiction. Nothing in this Agreement limits your statutory rights as a consumer under the laws of your country of residence. All other provisions of this Agreement remain in full force and effect.

36. Assignment

You may not assign or transfer this Agreement or any of your rights or obligations without PrivateBond's prior written consent. PrivateBond may assign this Agreement without restriction.

37. Contact

For questions about these Terms, contact us at: home@privatebond.io

Web3 Services, LLC — Wyoming, USA