Terms & Conditions - OnlySafeSis

General Terms and Conditions (GTC)

for the use of OnlySafeSis

Current: September 2025

1. Scope

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

Deviating conditions of the customers will not be recognized unless OnlySafeSis has expressly agreed to their validity 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 rights to digital content of content creators ("creators"). The specific services result 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 (deletion 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 commits 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 circumstances in different countries). Therefore, it is expressly clarified that no guarantee and no success or deletion 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 the exclusive content 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 while observing 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. Contract Conclusion

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

(2) By clicking the button "Start now" 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 lies in the sending of an order confirmation by email, or by OnlySafeSis commencing with 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) For payment processing via third-party providers (such as Stripe), the contract conclusion may be deemed to have taken place upon successful execution of the payment process by the customer, deviating from paragraph 3. The customer will be informed of this deviation during the ordering process.

5. Prices & Payment

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

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

(3) If the customer defaults on due payments, OnlySafeSis is entitled to discontinue 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 set-off 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) The customers are obliged to provide OnlySafeSis with all information, documents and access required for the proper provision of the service without being asked, truthfully and completely. These include 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 to terminate the contract extraordinarily.

(2) The customers are obliged to use the service exclusively for lawful purposes. It is particularly prohibited to use the service to

  • Infringe rights of third parties,
  • Make false claims or
  • Cause takedown requests in fraudulent or abusive intent.

(3) The customers assure that they have all necessary rights to the content provided by them. The customers bear sole responsibility for the legality of the original content created and distributed by them. OnlySafeSis assumes no obligation to check in this regard.

(4) The customers are obliged to inform OnlySafeSis immediately about 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 has unlimited liability for damages caused intentionally or through gross negligence.

(2) For damages resulting from 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 contract-compliant execution of the leak search, the discreet handling of takedown procedures and compliance with data protection and confidentiality obligations.

(3) Liability for the slightly negligent breach of non-essential obligations is excluded.

(4) A success guarantee for the complete and permanent removal of all leaks is expressly not assumed. The service of OnlySafeSis consists in the contractual effort according to the standard 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 case of data protection violations, OnlySafeSis is liable for slight negligence only if there is a violation 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 if it is not 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 one further year each time if it is not terminated with a notice period of 30 days to the end of the contract.

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

(3) The right to extraordinary termination for good cause remains unaffected. An important reason 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 effectiveness of the termination, the entitlement to use the services ends. A refund of already paid fees for the current billing period (month or year) does not take place, unless statutory rights of withdrawal or rescission oppose this.

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 on the basis of the statutory provisions. The processing of the content provided by creators for leak removal is carried out in particular on the basis of Art. 9 para. 2 lit. f GDPR for the assertion of legal claims.

(2) OnlySafeSis commits to the strictest confidentiality regarding all information of the customers. A transfer of data takes place only insofar as this is necessary for the execution of takedown requests to platforms, hosts or search engines or a legal obligation exists.

(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, the customers will be informed immediately if there is a risk to their personal data.

(5) Further details on data processing, in particular on the data subject rights and the storage period, 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 contract conclusion.

(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 can use the attached model withdrawal form for this, which is however 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 lose your right of withdrawal upon commencement of the service, provided 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 & Place of Jurisdiction

(1) The law of the Republic of Austria shall apply to all contractual and extra-contractual legal relationships of the parties, excluding the UN Sales Law (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 court jurisdiction.

(3) For disputes arising from or in connection with this contract with entrepreneurs, legal entities under public law or special public-law funds, the competent court at the registered office of OnlySafeSis in Klagenfurt shall be 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 obliged to participate in dispute resolution proceedings before a consumer arbitration board.

However, OnlySafeSis always strives to resolve any disputes in direct conversation with the 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, this shall not affect the validity of the remaining provisions. 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 ancillary 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 shall be decisive 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 specifically point out this legal consequence in the notification.

Stand: September 2025