Terms and Conditions | RU

Updated: October 2022

These Standard Terms of Service (“Terms of Service”) govern the purchase and provision of Services (the “Services”) in Estonia and the rest of the world, NonDetected OÜ (the “Company”) by its customer (the “Client”) and are incorporated into Client’s agreement to purchase such Services (“Service Agreement”) as if set forth fully therein.

Services

The Company provides a variety of online reputation management and privacy-related products and services (the “Services”). A general description of the NonDetected OÜ services may be found at https://nondetected.com

The Service Agreement signed by Client shall specify the scope of the specific Services that Client is purchasing under this Agreement. The Client must be the individual or entity, or an authorized representative of the individual or entity, for whom the Services will be performed. If not, Client must provide verification that it has the authority to secure Services on the third party’s behalf or must be the parent or legal guardian of a minor for whom Services are purchased.

Application

You will need to provide us with details of your request by filling online application form that you will find on the Website.

When you complete your application, you will be asked to enter your email address and phone number, which will be used to identify you by our Company in the future.

• You agree to provide true, accurate, current, and complete email address and other information about yourself.
• You are responsible for safeguarding your details and you agree not to disclose them to any third party.

Everyone who identifies themselves by contacting us using the provided details is assumed by us as You. We will not be held responsible for any loss or damage resulting from any unauthorized use of your personal data and/or your failure to notify us of the same.

Privacy Policy. We respect your privacy. Please refer to our Privacy Policy, which is incorporated by reference into these Terms, and which explains how we collect, use, and disclose information that pertains to your privacy.
Please note that we do not own or keep any information that appears in search results when you enter your name into the Website’s search field. This information is hosted on other websites, such as data brokers, aggregators of personally identifying information, yellow pages and other various publicly available online directories and social networks.

Right to Contact. We reserve the right to contact you in order to evaluate compliance with these Terms. For purposes of service messages and notices about the Website or the Services, including promotional communication, we may email you such notices to an email address associated with your account.

Provision of Services and Processes

• All information provided by you will be accurate and truthful,
• You will not use or provide any fraudulent, misleading or inaccurate information, and
• You are not impersonating any person and not falsely state or otherwise misrepresent your affiliation with any person.

If you provide any information that is or that we suspect is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Services and refuse any and all current or future use of the Services.

You agree:

• To provide information required for provision of the Services, including scanned copies of your valid driver’s license or state ID card, and
• To respond promptly to requests for information and content approvals.

You understand that the results of the Services are in direct correlation with the promptness and completeness of information provided by you to us.

Your Consent and Authorization. You consent to and authorize us:

• To use the information you have provided to us, including personally identifying information (personal data), to search the Internet, and to find and manage the removal of your information from third-party websites, including submitting opt-out requests,
• To contact third parties, including data brokers, aggregators of personally identifying information and other parties who publish your personal information,
• To create online accounts with the aforementioned third parties in your name for the sole purpose of providing the Services to you (e.g. when it is required to set up an account with an aggregator of personal information in order to send opt-out requests or take other actions to remove your personal information from such a site),
• To take the actions described above on your behalf and to identify us as acting on your behalf.

Disclaimer. Please note that it may take up to 2 months starting from receipt by us of complete information required to provide the Services for opt-out requests to be handled by third parties, including data brokers, aggregators of personally identifying information and other parties who publish your personal information.

We DO NOT guarantee or warrant that we will be successful in effecting removal, suppression or alteration, if such Service is to be performed, of any online content or information about you designated by you as private and/or unwelcome content.

You acknowledge and agree that methods and techniques used by us for removing your personally identifying information from third party websites as part of the provision of the Services may not lead to actual removal of your information.

You recognize that we will act in good faith and use reasonable efforts when we assist you in managing your online reputation and your personally identifying information, but that we cannot guarantee that third parties will honor the requests, remove your information, or will not develop new technologies preventing removal of your information.

We do not represent, warrant or guarantee that the Services will achieve the result that you desire or that was proposed or agreed upon as the desired result at the time the Services were ordered.

Reputation Representative. Client authorizes Company to be Client’s reputation advocate. In this role, Client authorizes Company to, among other things, use Client’s information to search the Internet and the “deep Web” using any tools available and to take actions based on the results of these searches that the Company deems reasonably necessary in order to provide the Services.
Because web publication activities are included in the Services, Client also authorizes Company to use optimization techniques to promote welcome content above unwelcome content on Internet search engines. Client recognizes that such techniques may have unpredictable side-effects, including but not limited to negative responses from others. We are not Client’s lawyer and do not
offer legal advice, nor does this Agreement or the Services create any attorney-client relationship or legal representation.

Your Cooperation Required. To perform the information removal services, the Company requires information from the Client and the active participation of the Client to review and approve content, among other things. Client agrees to provide the information required by Company in order to perform the Services, and Client understands that the quality and quantity of the information that Client provides to Company may impact the effectiveness of the Services.

Permitted Use. The Company does not allow its Services to be used in connection with any illegal activities or activities that it reasonably deems improper in its sole discretion. The Company reserves the right to take preventative or corrective actions to protect the Company and its users if it determines its Services are being used for improper purposes. Client’s use of the Services is
conditioned on Client’s compliance with the rules of conduct set forth in this Section. Any failure to comply may result in termination of Client’s Engagement and the Services. While using the Services, Client are not to: (a) impersonate any person or entity, falsely state or otherwise misrepresent Client’s affiliation with any person or entity, or use or provide any fraudulent,
misleading or inaccurate information; (b) defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any aspect or portion of the Services; (f) “frame” or “mirror” any aspect or portion of the Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Services (if applicable); or (h) harvest or collect information about or from other users of the Services. Subject to the limited rights to use the Services pursuant to this Agreement, Company retains all rights, title and interest in and to the Services, including all related intellectual property contained therein.

Payment for Services

Fees for Services. Client agrees to pay all fees specified in the Service Agreement. Client is responsible for providing complete and accurate billing and contact information and for notifying us of any changes to such information. Except as otherwise expressly stated on a Service Agreement, all sales are final, payment obligations are non-cancelable and fees paid are non-refundable.

Credit Card Authorization. Client agrees to contact the Company in the event that the Client desires to cancel a charge, though cancellation of the charge may not relieve Client of your legal obligation to pay. Should Client fail to contact the Company, Client agrees to indemnify and hold the Company harmless from any losses or damages that Client suffers as a result of a charge. The
Company may be contacted at: +37281077872. Client represents and warrants that Client has the legal rights to use the Payment Accounts and hereby authorizes Company to charge the Payment Accounts for all Services listed on the Service Agreement for the Initial Term and each subsequent period until termination. Such charges shall be made in advance, in accordance with any different
billing frequency stated in the applicable Service Agreement. NOT IN ANY CASE OR SITUATION should our company representatives ask your Credit/Debit card details. If you believe that someone from the Company asks your personal card information, please contact our support team immediately.

Taxes, Late Fees and Penalties. Client shall be responsible for paying any applicable taxes related to each Service Agreement. Payments by the Client are due and payable on dates set forth in Service Agreement. If payment is not received by due date, Client shall be assessed a late fee on the overdue amount at the rate of 1.5% of the outstanding balance, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If the amount owing by Client under any Service Agreement is thirty (30) or more days overdue, Company may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full.

Support

To reach our customer support team, please e-mail us at support@nondetected.com Providing our representatives with all the information they need to solve your problem will expedite your request for assistance.

Intellectual Property Rights

Our Intellectual Property Rights. We own and protect from illegal use the exclusive rights in Our Intellectual Property, in particular:

• Programming code of the Website;
• Design and elements of the Website;
• Website databases;
• Services and content distributed through the Website or derived out of the use of the Website;
• Other content, which is not Third Parties Intellectual Property.

No rights in Our Intellectual Property are granted to you, except for the rights explicitly indicated in these Terms.

Third Parties Intellectual Property Rights. Third Parties Intellectual Property that is used on the Website or available through it is the intellectual property of its respective owners and protected by intellectual property rights. All such rights are reserved by their owners.

All trademarks are the property of their respective owners. We, the Website and the Services are not sponsored or endorsed by any data brokers and other third-party distributors, platforms or providers of personally identifying information.

All third-party trademarks are used to describe and/or refer to the particular third party or its services. Any screenshots used for providing instructions to users are the property of the data brokers or other respective owners and are protected by intellectual property rights (including but not limited to copyright). All such rights are reserved by their owners.

Use of Website and Services

The Website and the Services may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Website and the Services.

Restrictions. You agree that you will not do any of the following while using or accessing the Website and the Services:

• Reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Website.
• Use the Website or the Services in a commercial manner.
• Circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content.
• Forge any tcp/ip packet header or any part of the header information in any posting or in any way use the Website or the Services to send altered, deceptive or false source-identifying information.
• Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available on the Website or through the Services, servers or networks connected to the Website or the Services or the technical delivery systems of our providers or disobey any requirements, procedures, policies or regulations of networks connected to the Website or the Services.
• Attempt to probe, scan or test the vulnerability of any our system or network or breach or impair or circumvent any security or authentication measures protecting the Website or the Services.
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website or the Services.
• Attempt to access, search or meta-search the Website or the Services with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by us or other generally available third party web browsers, including without limitation any software that sends queries to the Website or the Services to determine how a website or web page ranks.
• Collect or store personal data about other Users without their express permission.
• Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud.
• Post, upload, or otherwise transmit through the Website or the Services any content
  • that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or is otherwise objectionable in our opinion;
  • that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity), or otherwise violates or promotes the violation of the rights of any third party;
  • that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software, or interferes with the access of any user, host or network, including without limitation sending a virus, overloading, flooding or spamming the Website or the Services.
• Use the Website or the Services in any manner not permitted by these Terms.
• Encourage or instruct any other individual to do any of the foregoing or to violate any these Terms.

Disclaimer of Warranties

Your use of the Website, Services and any other information, products, functionality or software made available through the Website or the Services is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.

The Website, Services and all materials, information and products included therein, are provided on an “as is” and “as available” basis without warranties of any kind. We expressly disclaim all warranties of any kind, express, implied or statutory, relating to the website, its content and services, including without limitation the warranties of title, merchantability, fitness for a particular
purpose, non-infringement of proprietary rights, course of dealing or course of performance. We disclaim any warranties:

• Regarding the security, accuracy, reliability, timeliness and performance of the Website or the Services.
• That the Website or the Services will be error-free or that any errors will be corrected.
• That the Website or the Services will be of any particular quality, meet any standards or requirements, or conform to any of your expectations in this regard.

No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

We do not have any obligation to verify the identity of Users on the Website and using the Services, nor do we have any obligation to monitor the use of the Services by Users. Therefore, we disclaim all liability for identity theft or any other misuse of your identity or information by others.

You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Website or the Services.

Compatibility. We do not warrant that Website will be compatible with all hardware and software which you may use or which may exist or will exist in the future.

Third Parties Software and Content. We are not responsible for:

• The content, services, applications or availability of third parties’ websites that you access using the Website or the Services.
• The availability, performance, functionality or any consequences of your use of any third parties’ components, software, modules built into or otherwise integrated and available through the Website or the Services.

Limitation of Liability

IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR SERVICES WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL
OUR CUMULATIVE LIABILITY TO YOU EXCEED AMOUNT OF THE SERVICE FEES ACTUALLY PAID BY YOU OR, IF NO FEES APPLY, FIFTY ($50) U.S. DOLLARS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS WE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THESE TERMS.

Indemnification

You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with:

• Your access to or use of the Website or the Services.
• Your violation of these Terms.
• Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.

External Links

The Website or the Services may contain external links that provide links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. When you follow a link, or engage with a third party service, website, resource you are interacting with the third party, not with us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, products, content, promotions services or resources. Your access, purchase or use of any website, product or service, and any information provided by you or collected as a result of such interaction, shall be governed by the applicable third party privacy policy, data gathering practices, terms of use
or other agreements.

You are advised not to provide any personally identifiable information to any third party service unless you know and are comfortable with the party with whom you are interacting.

Without limiting other rights we will have the right to insert, place or include advertisements of any type on the Website or through or the Services. We are not responsible for such advertisements and their content.

Your Feedback

If you choose to communicate to us any feedback, ideas or suggestions for improvement of the Website or the Services, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or noncommercial purposes, without charge and free of any obligation of attribution. You warrant that
any such feedback you communicated to us is not subject to any license or any other third party right.

Modifications

We reserve the right, at our sole discretion:

• To modify or revise these Terms at any time by posting the amended Terms on the Website. Please check the most current Terms to ensure that you are aware of all the terms governing your use of the Website and the Services.
• To make changes, update or discontinue the Website, Services or any format, feature or functionality thereof at any time with or without notifying you.
• To terminate or restrict access to the Website or the Services for any reason whatsoever.

Your continued use of the Website or the Services after a change or update has been made will constitute your acceptance to the revised Terms. If you do not agree with the modifications, please discontinue use of the Website and the Services immediately, by contacting our support team with this particular request.

Termination and Account Cancellation

These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.

Termination by You. You may terminate these Terms in accordance with Section 3 “Services and Processes”.

Termination by Us. Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the Website or the Services, and/or may remove any of your data at any time if:

• You violate any term of these Terms.
• You infringe proprietary rights, rights of privacy, or intellectual property rights of any person, business or organization.
• You engaged in other actions relating to or in the course of using the Website or the Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, us, any other third parties or for the Website or the Services.
• You have ‘charged back’ or denied any of the payments that you made for the Services.
• It is required by applicable law.
• We cease offering the services and/or discontinued the Website or the Services.

Notwithstanding the foregoing, we also reserve the right to terminate the Website, Services at any time and for any reason.

Effect of Termination. Upon termination of these Terms all licenses and rights to use the Website and the Services shall immediately terminate; and you will immediately cease any and all use of the Website and the Services.

Upon any termination you will no longer be able to access data or content submitted by you. We will have no obligation to maintain any information and content stored in our database related to your account or to forward any information to you or any third party.

Any suspension or termination of these Terms will not affect your obligations to us under these Terms, including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.

Jurisdiction

Choice of Law. You agree that the laws of Estonia govern these Terms, their subject matter, the relationship between you and us, any action related these Terms, and any claim or dispute it may arise, without regard to the conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.

Location for Resolving Disputes. In case we can’t resolve a Dispute between You and a Company, by inviting expert mediators, you further agree that any disputes or claims related to these Terms will be resolved by Estonian courts, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. BY AGREEING
TO THESE TERMS, YOU ARE:

• WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN,
• IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE COURTS LOCATED IN ESTONIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US, AND
• SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF SUCH COURTS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

General

No Agency. No joint ventue, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Services.

Government Use. Nothing in these Terms makes us a government contractor. If you are a government user or otherwise accessing or using the Services in a government capacity, please contact us at support@nondetected.com prior to entering these Terms.

Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:

• Via email (to the address that you provide during application), or
• By posting to the Website.

Consent to Receive Communications in Electronic Form. For contractual purposes, you:

• Consent to receive communications from us in an electronic form via the email address you have submitted; and
• Agree that the Terms and all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void.

We may assign these Terms or any rights hereunder without your consent.

No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.

Severability and Integration. These Terms constitute the entire agreement between you and us and supersedes all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.