General Terms and Conditions (GTC)

for the use of OnlySafeSis

As of: June 2026

1. Scope

These General Terms and Conditions (GTC) apply to all contracts between OnlySafeSis (hereinafter "OnlySafeSis"), based in Austria, and its customers (hereinafter "creators" or "agencies") 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.

Insofar as these GTC contain provisions that apply exclusively to consumers within the meaning of the KSchG, these are marked accordingly. For agency customers (B2B), only the provisions marked as "B2B" or the general provisions apply, unless expressly agreed otherwise.

If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected.

2. Subject Matter of the Contract

(1) OnlySafeSis offers professional services for the protection and enforcement of digital content rights of content creators and agencies. 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;
• For agencies: centralized management and protection of multiple creators (roster) with individual reporting per creator.

(2) OnlySafeSis is committed to providing the agreed services with the care of a proper service provider. However, the success of the service depends significantly on factors outside the sphere of influence of OnlySafeSis. The exact limits of the service obligation are regulated in § 7 (No Guarantee – Obligation of Effort).

3. Services, Packages & Service Forms

(1) Subscription Packages: OnlySafeSis offers its services in the form of clearly defined, recurring service packages (e.g., "Core Protection", "Elite Protection"). The exact service contents, scopes, prices, payment modalities, and contract terms of the respective packages can be found in the current presentation on the website at the time of contract conclusion.

(2) Agency Packages (B2B): For agencies and managements that manage multiple creators, OnlySafeSis offers individual agency packages with adapted pricing, a central dashboard, individual reports per creator, and a personal contact person. The scope of services and conditions are agreed upon in writing on a case-by-case basis and require express confirmation by OnlySafeSis. The consumer protection provisions of these GTC do not apply to agency customers.

(3) Single Takedown (one-time service): OnlySafeSis also offers a one-time billed service for the removal of a single, specifically identified leak ("Single Takedown"). The Single Takedown is a one-time service without an ongoing subscription and does not establish a permanent contractual relationship. The provisions of § 3a apply additionally to the Single Takedown.

(4) Insofar as additional services are agreed in individual cases, this requires express written confirmation by OnlySafeSis.

(5) 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.

3a. Single Takedown – Special Conditions

(1) Subject matter: With the Single Takedown, the customer commissions OnlySafeSis to carry out a takedown procedure for exactly one (1) specifically identified, unlawfully published content (leak) on a specific platform or domain. The scope of services is limited to initiating and carrying out the removal procedure for this one leak.

(2) Excluded Domains (Exclusion List): For certain platforms and domains where OnlySafeSis knows from experience that timely or complete removal of content is not possible or only possible with disproportionate effort due to their technical or legal structure, OnlySafeSis does not offer the Single Takedown ("Excluded Domains").

• The list of Excluded Domains is maintained by OnlySafeSis and can be viewed during the booking process.
• For content on Excluded Domains, the booking process is technically blocked; payment is rejected or not processed by the system.
• Customers for whom a already booked Single Takedown subsequently determines that the affected domain corresponds to an Excluded Domain will be informed immediately; the payment will be refunded.

(3) Money-back guarantee for unknown domains: If the target domain is a domain not yet listed on the Exclusion List at the time of booking (new or unknown platform) and it turns out during processing that the takedown is not feasible, the following guarantee applies:

• If the content has not been removed within fourteen (14) days from the booking date and OnlySafeSis has informed the customer in writing of the impossibility or the expected significant exceeding of this deadline, the customer is entitled to a full refund of the paid fee.
• The refund is made via the original payment method within fourteen (14) days after the customer asserts the claim.
• This money-back guarantee applies exclusively in the case of technical or legal infeasibility, not in the case of incomplete cooperation by the customer.

(4) The Single Takedown exclusively covers one (1) takedown procedure for one (1) specifically identified content. If the same content is republished on another domain after successful removal, this is not covered by the Single Takedown and requires a new order.

(5) Single Takedowns can only be booked for content that is not hosted on an Excluded Domain. OnlySafeSis reserves the right to update the Exclusion List at any time.

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", "Book Single Takedown" or a comparable button, the customer submits a binding offer to conclude a contract for the chosen service package or the chosen one-time service.

(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 (Order Receipt) does not yet constitute acceptance.

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

(5) Pre-contractual information obligations (FAGG): OnlySafeSis provides consumers with all pre-contractual information required under § 4 FAGG (service characteristics, total price, duration, right of withdrawal, cancellation conditions) clearly and comprehensibly on the website before conclusion of the contract. After conclusion of the contract, this information is transmitted together with the contract confirmation on a durable data medium (email).

5. Prices & Payment

(1) All prices are final prices in euros and include statutory value-added tax.

(2) Price changes: OnlySafeSis is entitled to change the fees for subscription packages if the basis for price calculation has changed significantly. Objective reasons for a price increase include in particular: sustained increase in personnel or infrastructure costs, significant changes in legal framework conditions, or technical requirements for service provision. Price reductions are passed on to customers in the same proportion. Price changes will be communicated to the customer at least one month before they take effect by email. Consumers have the right to terminate the contract extraordinarily at the time the increase takes effect in the event of a price increase.

(3) Payment is to be made in advance, unless otherwise agreed, via the payment service provider Stripe (credit card, PayPal, etc.). The Single Takedown is a one-time payment.

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

(5) The customer is only entitled to offset if their counterclaims have been legally established or are undisputed by OnlySafeSis.

6. Obligations of the Customers

(1) Customers are obligated to provide OnlySafeSis with all required information, documents, and access 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. In the case of a Single Takedown, the claim to the money-back guarantee pursuant to § 3a para. 3 expires in this case.

(2) Customers are obligated to use the service exclusively for lawful purposes. It is particularly prohibited 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 and bear sole responsibility for the legality of their original content.

(4) Agencies (B2B): Agencies are obligated to ensure that they have the appropriate written authorization from each individual creator in their roster before commissioning OnlySafeSis to carry out measures for that creator. The agency indemnifies OnlySafeSis against claims by third parties arising from a missing or insufficient authorization.

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

(6) App usage: When using the OnlySafeSis app, customers are obligated to use the app exclusively for contractual purposes. Automated querying of the app interfaces (scraping, bot usage) is prohibited. The app may not be used for unlawful purposes.

7. No Guarantee – Obligation of Effort

(1) Principle: OnlySafeSis provides its services as a service with an obligation of effort (service contract pursuant to §§ 1151 ff ABGB), not as a work contract with a guarantee of success. OnlySafeSis undertakes to use all means available according to the state of the art and industry practice to remove identified leaks. A guarantee for a specific result – in particular the complete, permanent, or deadline-bound removal of all leaks – is expressly not assumed. This applies equally to subscription customers (§ 3 para. 1), agency customers (§ 3 para. 2), and Single Takedown customers (§ 3a).

(2) Influencing factors outside OnlySafeSis's sphere of influence: The possibility and speed of removing a leak depend significantly on factors over which OnlySafeSis has no or only limited influence. These include in particular:

• The willingness to cooperate and the response speed of the operating platforms, hosts, and search engine operators;
• The legal framework conditions in the respective country where the platform or host is based;
• Technical peculiarities of individual platforms (e.g., automated republication, lack of DMCA compliance);
• The result of counter-notices or legal countermeasures by the uploader.

(3) No guarantee of minimum processing time: OnlySafeSis does not guarantee the removal of a leak within a specific deadline. In the vast majority of cases, removal occurs promptly. In individual cases, however, processing a takedown may take longer or fail completely – particularly with certain platforms and domains. OnlySafeSis will inform the customer immediately in such cases and, if possible, suggest alternative measures.

(4) No guarantee of permanent removal: Even if content has been successfully removed, OnlySafeSis cannot guarantee that this content will not be re-uploaded or otherwise distributed. The renewed removal of re-published content is part of the ongoing subscription service.

8. 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), liability 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) Liability for the slightly negligent breach of non-essential obligations is excluded.

(4) The provisions in § 7 (No Guarantee – Obligation of Effort) remain unaffected by the above liability provisions. Liability for the failure of a takedown result only exists if OnlySafeSis has culpably breached its obligations of effort.

(5) In the event of data protection violations, OnlySafeSis is liable for slight negligence only if there is a GDPR obligation violation and resulting material damage, limited to the typical, foreseeable damage.

9. Contract Term & Termination

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

• Monthly model: Runs for an indefinite period, extends by one month each time, terminable with 14 days' notice to the end of the month.
• Annual model: Runs for one year, extends by one year each time, terminable with 30 days' notice to the end of the contract.

(2) Agency Packages (B2B): The terms and notice periods agreed in the individual contract apply. Subsidiarily, the provisions of para. 1 apply accordingly.

(3) Single Takedown: One-time service without a term; no subscription and no termination required. The contractual relationship ends with complete performance or, in the case of infeasibility, with the refund pursuant to § 3a para. 3.

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

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

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

10. Data Protection, Confidentiality & Data Deletion

(1) OnlySafeSis processes personal data, including special categories of personal data within the meaning of Art. 9 GDPR (in particular image data with intimate content), exclusively for contract fulfillment and based on legal provisions. Processing is carried out in particular on the basis of Art. 9(2)(f) GDPR (assertion of legal claims) and Art. 6(1)(b) GDPR (contract fulfillment).

(2) OnlySafeSis is committed to the strictest confidentiality of 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 (Art. 32 GDPR), in particular SSL encryption, role-based access restrictions, and regular security checks.

(4) App usage: When using the app, additional usage data (e.g., login times, device information) is processed to the extent necessary for the operation of the app. Further details are regulated in the privacy policy.

(5) Data deletion after contract end: After termination of the contractual relationship – regardless of the reason – all personal data of the customer as well as all content stored in the context of service provision (in particular documentation of found leaks, screenshots, reports) will be deleted or anonymized within thirty (30) days after contract end, unless statutory retention obligations (e.g., under UGB, BAO) conflict with earlier deletion. Data subject to statutory retention obligations will be deleted after the respective retention period expires. The customer can request deletion of their data in writing at any time; OnlySafeSis confirms the deletion within 14 days.

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

(7) Further details on data processing, in particular regarding the processing of special categories of personal data, can be found in our separate privacy policy.

10a. Data Processing Agreement pursuant to Art. 28 GDPR

This paragraph applies to all customers insofar as OnlySafeSis processes personal data on behalf of the customer within the scope of service provision.

(1) Roles and subject matter: The customer is the data controller (Art. 4 No. 7 GDPR) for the content belonging to them and the personal data contained therein. OnlySafeSis is the data processor (Art. 4 No. 8 GDPR) and processes this data exclusively on instructions from the customer within the scope of the contractually agreed services.

(2) Type, purpose, and scope of processing: OnlySafeSis processes the following data categories within the scope of service provision: image data and video data with potentially intimate content (Art. 9 GDPR), URLs and metadata of leak locations, communication data in connection with takedown procedures. The purpose of processing is exclusively the identification, documentation, and removal of unlawfully published content of the customer.

(3) Instruction-based processing: OnlySafeSis processes personal data exclusively on documented instructions from the customer, including with regard to the transfer of personal data to third parties. If OnlySafeSis considers an instruction to be unlawful, it will inform the customer immediately.

(4) Confidentiality: OnlySafeSis ensures that persons authorized to process data are bound by confidentiality or are subject to a statutory duty of confidentiality.

(5) Technical and organizational measures: OnlySafeSis takes all necessary measures pursuant to Art. 32 GDPR. A description of the measures taken (TOM list) will be provided to the customer upon request.

(6) Use of sub-processors: OnlySafeSis is entitled to use sub-processors. The customer hereby grants their general authorization. OnlySafeSis will inform the customer of intended changes regarding the use or replacement of sub-processors in a timely manner so that the customer has the opportunity to raise objections. Current sub-processors: Hetzner Online GmbH (Hosting), Stripe Inc. (Payment processing). Further sub-processors will be disclosed upon request.

(7) Assistance and information: OnlySafeSis supports the customer in fulfilling their obligations under Articles 32 to 36 GDPR (in particular in the event of data protection violations, data protection impact assessments, and prior consultations).

(8) Deletion and return: Upon completion of the processing services, all personal data will be deleted or returned at the customer's request, provided no statutory retention obligation conflicts. OnlySafeSis confirms the deletion upon request.

(9) Audit rights: The customer is entitled to verify compliance with the agreed measures at any time or to have them verified by a third party. OnlySafeSis provides the customer with the necessary support for this purpose.

11. Right of Withdrawal for Consumers

(Only for consumers within the meaning of § 1 KSchG – not applicable to agency customers in the B2B sector)

(1) Consumers have the right to withdraw from this contract within fourteen days without giving any reason (right of withdrawal pursuant to FAGG).

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

(3) Exercise of the right of withdrawal: To exercise the right of withdrawal, OnlySafeSis must be informed by means of a clear declaration (letter or email):

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

To meet the deadline, it is sufficient to send the withdrawal in a timely manner. The model withdrawal form pursuant to Annex I to these GTC may be used, but is not required.

(4) Expiration of the right of withdrawal: The right of withdrawal expires prematurely if the service has been fully rendered with the express consent of the consumer before the end of the withdrawal period and the consumer has acknowledged that they will lose their right of withdrawal as a result. This applies in particular to the Single Takedown if OnlySafeSis has already started processing and the service has been fully rendered.

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

12. 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.

(2) Insofar as 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 with entrepreneurs (B2B), the competent court at the seat of OnlySafeSis in Klagenfurt is the exclusive place of jurisdiction.

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

13. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR): 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 disputes in direct conversation. Please contact first: support@onlysafesis.com.

14. Final Provisions

(1) If individual provisions of these GTC are invalid, the validity of the remaining provisions shall remain unaffected.

(2) Changes and additions to these GTC require the text form (e.g., email). This also applies to the waiver of this form requirement.

(3) The German language version is authoritative for interpretation. Translations serve for information purposes only.

(4) Amendment of the GTC: OnlySafeSis is entitled to amend these GTC with a notice period of four weeks to the end of the month, provided there is an objective reason (e.g., changes in law, expansion of services, changed technical requirements). The amendment proposal will be communicated to the customer by email. Consumers have the right to terminate the contract extraordinarily at the time the amendments take effect; this right is expressly pointed out in the notification. For customers in the B2B sector, the amendment is deemed approved if no written objection is raised within four weeks after receipt of the notification; this is also separately pointed out in the notification.

As of: June 2026 · OnlySafeSis · Frodlgasse 4/2 · 9020 Klagenfurt · support@onlysafesis.com