Incogni

Terms of Service

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Incogni Terms of ServiceWelcome to Incogni! Please read this information carefully. The Incogni Terms of Service (‘Terms of Service’) govern your access to and use of Incogni Service. This is a binding agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE OR OUR SERVICE. BY ACCESSING OR USING THE WEBSITE AND OUR SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE.What is Incogni?Incogni contacts data brokers on your behalf and requests deletion of any of your personal data they have. For this you will need to provide us with some of your personal information (name, surname, residential address, phone number, date of birth and email address) so that we can prepare an authorization document (‘Authorization form’) for you to sign which is necessary to contact data brokers on your behalf. We may need that you provide us with some documents necessary to prove your identity, proof that you have authorized us to act on your behalf, or any other information required for provision of the Service. Incogni is a product provided by Surfshark (www.surfshark.com), whom you know better for VPN product. That is why you will issue authorization to act on your behalf to Surfshark B.V.You will need to create an accountTo use Incogni Service, you will need to set up an account and subscribe to Incogni on a service period basis. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible. To set up an account you will complete the registration process by providing the complete and accurate information requested on the registration form. You will be asked to provide an email address and password. You are entirely responsible for maintaining the confidentiality of your password. You may not sell or trade that Account to any other person. You agree to notify us immediately of any unauthorized use of your account, email address or password. We are not liable for any loss that you or any third party incur as a result of someone else using your password, either with or without your knowledge. We reserve the right to terminate your account at any time. Last but not least, you should not create more than one account or create an account for anyone else except yourself. Of course you can help your mom, dad or your neighbor to create their account.We will need your personal data to provide the ServiceWe will need your name, surname, residential address, phone number, date of birth and email address so that we can file deletion requests on your behalf. You will also have to sign a document authorizing us to file deletion requests to the data brokers. Some of the data brokers require additional verification information, therefore we may ask you to provide additional information. You agree to provide accurate, current and complete information. Your failure to do so might lead to errors when submitting data removal requests. By providing personal data for the use of Incogni, you confirm that you will not be impersonating anyone. More information on what information is collected about you and how it is used can be found at www.incogni.com/privacy-policy.Things you should not do when using the ServiceYou should not use our website or Service to do things that may be illegal or offensive. By using our Service you agree not to transfer or use the Service except as expressly authorized under these Terms of Service, copy, disassemble, reverse engineer or decompile, modify or alter any part of the Service. You may not use any part of the Service in any manner that competes with Incogni.You should be at least 18 to use the ServiceIncogni is intended for users who are 18 or older. People of younger age are expressly prohibited from submitting any of their information to us and using our Service.What is Incogni payment, automatic renewal and refund policy?You can create an Incogni account free of charge, but to start getting Services you will need to subscribe to Incogni on a service period basis. After signing up for Incogni, you may choose a payment method. Paid Incogni Services renew automatically at the end of each service period and your chosen payment method is charged again, unless you decide to cancel your automatic payments before the automatic renewal. By entering your payment details you agree with the automatic renewal. Incogni may change the price for the subscriptions, including recurring subscription fees, or other subscription terms from time to time and will communicate any price or other changes to you in advance. Subject to applicable law, you accept the new price and terms by continuing to use the Services after the changes take effect. Your satisfaction with our Services is our main goal. If you choose not to use our paid Services anymore, we guarantee you a right to claim a refund within 30 days following your purchase of our Services. However, we would like to solve your issue before you decide to cancel the subscription, therefore you are always welcome to reach out to us at support@incogni.com. As a rule, you have no right to claim a refund after the period of 30 days from the purchase has passed. Nevertheless, in the exceptional cases, we will consider refund beyond such 30-days period, at our sole discretion, if you can demonstrate that the Services which you purchased were not available or usable and that you made reasonable attempts to contact us regarding this issue. In such a case, we may provide you with a pro-rata refund of Services’ fees paid during the subscription period when the Services were not available or usable. You have a right to cancel your account at any time, however, canceled accounts will not be refunded for the unused part of the ongoing service period. No refunds will be considered for accounts terminated for violation of these Terms. All payments are being processed by our company (Surfshark B.V., registered at Kabelweg 57, 1014BA Amsterdam, the Netherlands) with help of third-party providers (see our Privacy Policy).We will do our bestBy entering into these Terms of Service, you acknowledge that Incogni will put its best efforts to assist you in implementing your rights. However, it is possible not all third parties or data brokers will respect the requests sent on behalf of you, that’s why sometimes the implementation of your rights might be not successful. INCOGNI PROVIDES ITS WEBSITE AND SERVICE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. You understand and agree that any authorization granted to us will be considered fulfilled and terminated (in respect of a relevant data broker) upon submission of the necessary deletion request (and additionally requested information, where applicable) to a relevant data broker. Filing claims to data brokers, public authorities and/or institutions and/or any other persons due to data broker’s refusal to satisfy deletion request, data broker’s refusal to respond to such request or any other reason, or taking other legal action is not part of Incogni service. In certain circumstances, Incogni might take legal action in cases of suspected non-compliance with applicable data protection laws, however, we would do so after entering into a separate agreement. Please note that Incogni does not guarantee that any legal action would be taken and does not promise any results. We may withdraw from any representation and cancel and/or annul any documents granting us authorization to act on your behalf at any time, for any reason, and at our sole discretion. We will not receive any implied authorizations and related responsibilities. Furthermore, we do not agree to any representations unless specifically agreed to in writing between you and us. You understand and acknowledge that, based on certain circumstances, such as changes in the data brokers’ business or their internal procedures, the list of recipients of data removal requests might change from time to time. Incogni operates in a limited number of countries/regions that have applicable data protection laws: the European Union, Switzerland, the United Kingdom, Norway, Iceland, Liechtenstein, Canada and the United States (mainland). However, the list of countries is subject to change. By signing up for Incogni services, you understand and agree that the number of successful deletion requests might depend on the country you reside in. You agree to indemnify, defend, and hold harmless Incogni, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the website or our Service, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.We do not provide legal advice or representationWe are not a law firm. That is why we cannot and do not offer legal representation or any legal advice (be it recommendations, opinions or anything else). And we do not check your provided information for accuracy or sufficiency.What you should know about intellectual property lawsYou should assume that everything you see or read on this website is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except with the written consent of Incogni. When accessing the website or using our Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the website or our Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You undertake not sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way. You shall not build a product using similar ideas, features, functions or graphics of the Service or copy any ideas, features, functions or graphics of the Service.Limitations of liabilityINCOGNI AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE OF THE SERVICE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE OR OUR SERVICE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR OUR SERVICE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You hereby agree to release service provider, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with your use of this website or our Service.Applicable lawThese Terms of Service shall be construed in accordance with and governed by the laws of the Netherlands, without reference to their rules regarding conflicts of law. However, please note that these Terms of Service will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence. You hereby irrevocably consent to the exclusive jurisdiction of the Netherlands in all disputes arising out of or related to the use of the website or our Service.Changes to the Terms of ServiceWe may change these Terms of Service from time to time. We will indicate on our Site any time these Terms of Service have been amended or updated. It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave our website and cease all use of our Service.Contact us for any questionsShould you have any questions regarding our Service or these Terms of Service, please contact us at support@incogni.com. Last updated: 03/01/2023