Terms & Conditions - OnlySafeSis

General Terms and Conditions (GTC)

for the use of OnlySafeSis

As of: September 2025

1. Scope

These General Terms and Conditions (GTC) apply to all contracts between OnlySafeSis (hereinafter "OnlySafeSis"), based in Austria, and its customers (hereinafter "creators") regarding the services offered on the website.

Deviating terms and conditions of the customers are not recognized unless OnlySafeSis has expressly agreed to their applicability in writing.

If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the legally permissible regulation that comes closest to the economic purpose of the invalid provision.

2. Subject Matter of the Contract

(1) OnlySafeSis offers professional services for the protection and enforcement of digital content rights of content creators ("creators"). The specific services are derived from the description of the chosen protection package on the website. The services may include in particular:

  • Proactive search, identification, and documentation of unlawful publications ("leaks") of the creators' content;
  • Initiation of measures to remove identified leaks, in particular by submitting takedown requests (removal requests) to the operating platforms, hosting providers, or search engine operators;
  • Regular creation of reports and notifications about the status of the service as well as about found content;
  • Personal support and strategic advice in connection with the protection of digital content.

(2) OnlySafeSis is committed to providing the agreed services with the care of a proper service provider. However, the success of the service, in particular the complete and permanent removal of all leaks, depends significantly on factors outside the sphere of influence of OnlySafeSis (e.g., willingness of third parties to cooperate, legal conditions in different countries). Therefore, it is expressly clarified that no guarantee and no success or removal guarantee is assumed beyond the promised effort.

3. Services & Packages

(1) OnlySafeSis offers its services in the form of clearly defined service packages (e.g., "Core Protection", "Elite Protection"). The exact service contents, scopes, prices, payment modalities, and contract terms of the respective packages are to be taken from the current presentation on the website at the time of contract conclusion and become exclusively part of this contract.

(2) If additional services not described on the website (special services) are agreed upon in individual cases, this requires express written confirmation by OnlySafeSis to become part of the contract.

(3) OnlySafeSis reserves the right to further develop and change the service descriptions and packages subject to a reasonable notice period. This does not apply to ongoing contractual relationships, unless the change is to the advantage of the customer or is necessary to fulfill an essential contractual obligation.

4. Conclusion of Contract

(1) The presentation of services on the OnlySafeSis website constitutes a non-binding invitation to submit an offer ("invitatio ad offerendum").

(2) By clicking the "Start now" button or a comparable button, the customer submits a binding, legally effective offer to conclude a contract for the chosen service package.

(3) The contract is only concluded by an express declaration of acceptance by OnlySafeSis, which is given by sending an order confirmation by email, or by OnlySafeSis commencing the provision of the service. The automatically generated confirmation of receipt of an order (Order Receipt) does not yet constitute acceptance of the offer.

(4) When processing payments via third-party providers (such as Stripe), the conclusion of the contract may be deemed to have occurred upon the customer's successful completion of the payment process, deviating from paragraph 3. The customer will be informed of this deviation in the order process.

5. Prices & Payment

(1) All prices are final prices in euros and include statutory value-added tax. Any price changes will be communicated to customers at least one month in advance.

(2) Payment of fees is to be made in advance, unless otherwise agreed. Payment is to be made using the payment methods offered by OnlySafeSis (e.g., credit card, PayPal) via the payment service provider Stripe. Payment processing is carried out entirely via Stripe's infrastructure.

(3) If the customer is in default with due payments, OnlySafeSis is entitled to suspend the owed services after reminder and setting a deadline. During the payment default, the due amounts shall bear interest at a rate of 9.2% above the base interest rate.

(4) The customer is only entitled to offset if their counterclaims have been legally established or are undisputed by OnlySafeSis. A right of retention can only be asserted based on such claims arising from the contractual relationship.

6. Obligations of the Customers

(1) Customers are obligated to provide OnlySafeSis with all information, documents, and access necessary for the proper provision of the service unrequested, truthfully, and completely. This includes in particular:

  • A complete list of the legitimate content to be protected (e.g., links to the original profiles);
  • When reporting leaks: the exact URLs of the infringing locations;
  • All information necessary for identification and authentication;
  • A power of attorney to submit takedown requests to third parties (platforms, hosts) on behalf of the customer.

If the customer fails to fulfill their cooperation obligation despite a deadline of 14 days, OnlySafeSis is entitled to refuse the affected service and terminate the contract extraordinarily.

(2) Customers are obligated to use the service exclusively for lawful purposes. It is particularly prohibited to use the service to

  • Infringe third-party rights,
  • Make untrue assertions, or
  • Initiate takedown requests in a fraudulent or abusive manner.

(3) Customers assure that they have all necessary rights to the content they provide. Customers bear sole responsibility for the legality of the original content they create and distribute. OnlySafeSis assumes no duty of examination in this regard.

(4) Customers are obligated to inform OnlySafeSis immediately of any legal actions by third parties (e.g., counter-notifications, counter-notices) in connection with the takedown measures carried out by OnlySafeSis.

7. Liability

(1) OnlySafeSis is liable without limitation for damages caused intentionally or by gross negligence.

(2) For damages based on a slightly negligent breach of an essential contractual obligation (cardinal obligation), the liability of OnlySafeSis is limited to the contract-typical, foreseeable damage. Essential contractual obligations include in particular the contractual performance of leak searches, the discreet handling of takedown procedures, and compliance with data protection and confidentiality obligations.

(3) For the slightly negligent breach of non-essential obligations, liability is excluded.

(4) A success guarantee for the complete and permanent removal of all leaks is expressly not assumed. The service of OnlySafeSis consists of the contractual effort according to the measure of industry-standard care, not in the guarantee of a specific success. The possibility of deletion depends significantly on the willingness of third parties (platforms, hosts) to cooperate.

(5) In the event of data protection violations, OnlySafeSis is liable for slight negligence only if there is a breach of obligations under the General Data Protection Regulation (GDPR) and this leads to material damage, and even then limited to the typical, foreseeable damage.

8. Contract Term & Termination

(1) The contract begins with the contract confirmation and runs for the agreed contract term:

  • Monthly model: The contract runs for an indefinite period and is extended by one further month each time unless terminated with a notice period of 14 days to the end of the month.
  • Annual model: The contract runs for one year and is subsequently extended by another year each time unless terminated with a notice period of 30 days to the end of the contract.

(2) Termination can be informal, in particular via the termination button in the customer area or by email to support@onlysafesis.com. OnlySafeSis will confirm receipt of the termination immediately.

(3) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the customer has violated essential contractual obligations and does not remedy the situation even after a deadline has been set.

(4) Upon the effectiveness of termination, the right to use the services ends. A refund of already paid fees for the current billing period (month or year) will not take place, unless statutory rights of withdrawal or cancellation apply.

9. Data Protection & Confidentiality

(1) OnlySafeSis processes personal data, including special categories of personal data within the meaning of Art. 9 GDPR, exclusively for contract fulfillment and based on legal provisions. The processing of content provided by creators for leak removal is carried out in particular on the basis of Art. 9(2)(f) GDPR for the assertion of legal claims.

(2) OnlySafeSis is committed to the strictest confidentiality regarding all customer information. Data is only shared to the extent necessary for carrying out takedown requests to platforms, hosts, or search engines, or if there is a legal obligation.

(3) OnlySafeSis has implemented technical and organizational measures according to the state of the art to ensure the confidentiality, integrity, and availability of the data. This includes in particular SSL encryption, access restrictions, and regular security checks.

(4) In the event of a data protection violation, customers will be informed immediately if there is a risk to their personal data.

(5) Further details on data processing, in particular regarding data subject rights and storage periods, are regulated in the separate privacy policy under [Link to Privacy Policy].

10. Right of Withdrawal for Consumers

(1) Consumers within the meaning of § 1 KSchG have the right to withdraw from this contract within fourteen days without giving any reason.

(2) The withdrawal period is fourteen days from the day of the conclusion of the contract.

(3) To exercise your right of withdrawal, you must inform us

OnlySafeSis
Frodlgasse 4/2
9020 Klagenfurt am Wörthersee
Email: support@onlysafesis.com

by means of a clear statement (e.g., a letter sent by post, fax, or email) about your decision to withdraw from this contract. You may use the attached model withdrawal form for this, but it is not mandatory.

(4) The right of withdrawal expires prematurely if the service begins with your express consent before the end of the withdrawal period and you have acknowledged that you will lose your right of withdrawal upon commencement of the service, provided that the service has been fully performed.

(5) In the event of an effective withdrawal, the services received by both parties must be returned.

11. Applicable Law & Jurisdiction

(1) For all contractual and extra-contractual legal relationships of the parties, the law of the Republic of Austria applies, excluding the UN Sales Convention (Vienna Convention on Contracts for the International Sale of Goods).

(2) If the customer is a consumer within the meaning of the KSchG and has their habitual residence in another EU member state or Switzerland, the mandatory provisions of that state shall remain applicable both for the applicable law and for the judicial jurisdiction.

(3) For disputes arising from or in connection with this contract with entrepreneurs, legal entities under public law, or special public funds, the competent court at the seat of OnlySafeSis in Klagenfurt is the exclusive place of jurisdiction.

(4) However, OnlySafeSis is entitled to sue the customer also at their general place of jurisdiction.

12. Online Dispute Resolution

The European Commission provides an online dispute resolution (ODR) platform, which can be accessed at https://ec.europa.eu/consumers/odr. OnlySafeSis is not legally obligated to participate in dispute resolution proceedings before a consumer arbitration board.

However, OnlySafeSis always strives to resolve any disputes in direct conversation with customers. For questions or problems, please first contact our support: support@onlysafesis.com.

13. Final Provisions

(1) If individual provisions of these GTC are or become wholly or partially invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by the legally permissible regulation that comes closest to the economic purpose of the invalid provision.

(2) Changes and additions to these GTC as well as all side agreements require the text form (e.g., email) for effectiveness. This also applies to the waiver of the written form requirement.

(3) The German language version is authoritative for the interpretation of these GTC. Translations into other languages are for information purposes only.

(4) OnlySafeSis is entitled to change these GTC with a notice period of four weeks to the end of the month. The change proposal will be communicated to the customer by email. The change is considered approved if the customer does not object in writing within four weeks after receipt of the notification. OnlySafeSis will separately point out this legal consequence in the notification.

Stand: September 2025