Terms & Conditions

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Introduction

Welcome to Data Against Data! We are here to help you ask companies who hold your data to delete and minimize your data trail as well as unsubscribe from mailing lists and clean up your Inbox. We have built a User-friendly privacy tool that allows you to stay in control of your data by knowing who holds your data and by deciding if you wish to request the deletion of such data or just unsubscribe from different mailing lists and delete old and unnecessary emails cluttering your Inbox.

The Against Data privacy management tool (the “AgainstData App” or the “App”) is provided by Data Initiative S.R.L., a Romanian limited liability company, with its headquarters in 21, Ciocirliei street, Busteni, Prahova, Romania, registered with the Romanian Trade Registry under no. J29/103/2020, having fiscal registration code 42136661 (“DAD”, “we”, or “us”) through the https://againstdata.com/ website (the “Site”). DAD provides the AgainstData App, including all information and services available on the App, to you, the User, conditioned upon your acceptance of the terms and conditions and all policies, notices and information stated on the App.

These Terms and Conditions, as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference, (collectively, these “T&C” or “T&Cs”) represent an agreement between you, as the User of the AgainstData App (“you” or the “User”) and DAD, agreement regarding your use of and access to the services provided by DAD through the AgainstData App (the “Services”).

By visiting our Site and using and accessing the Services and any functionalities, content, materials, interactive features, or other online services provided through the App you agree to comply with, and accept these T&C, including those additional T&C and policies referenced herein. Before creating your account on the App, you must have read and agree to the T&C. Your acceptance is logged when proceeding with the account creation and clicking the “Sign In with Google” button.

IF YOU DO NOT AGREE TO THESE T&C, THEN YOU MAY NOT ACCESS OR USE THE APP AND THE SERVICES PROVIDED BY US.

For the best use of the App, please read the T&C carefully.

Any new features or tools added to the App will also be subject to these T&C. You can consult the most recent version of the T&C on this webpage at any time. DAD reserves the right to update, modify or replace these T&C by notifying you of any changes when you have an account on the App. The new T&C will be effective upon notice. Your continued use of the App after notice of changes means you agree to the new T&C.

These T&C are entered into for an indefinite term and are applicable for the entire period of your use of the App.

To use the Services offered through the App and to create an account on the App, Users must be over 18 years old. By accepting these T&C you declare that you are at least 18 years old. Holding an account on the App by Users who are under the age of 18 is not allowed.

What is AgainstData App and to whom it is addressed?

The App is a link between you (as a data subject) and your data as held by other companies and aims to provide through a friendly and easy to use tool, all interested Users with the possibility to manage their data by discovering what companies hold their data and by facilitating the management of such data by choosing how to manage such data (i.e., by creating a list of trusted companies or by asking companies to delete the data). The User can also analyze the list of email senders that have written to the respective email in the past, and choose to Unsubscribe, continue receiving emails and/or delete emails received so far from selected senders.

You need a valid email address hosted on Google Gmail servers to be able to access the App.

The App does NOT support emails hosted with other providers apart from Gmail, such as Yahoo, Microsoft, AOL, etc.

AgainstData App is aimed at individuals who are interested in knowing which companies hold their data and want to reclaim control over their data or who want to unsubscribe from various mailing lists and start taking action. To this end, the App uses an algorithm which allows the Users to discover the companies holding their data and the senders that have written to them and acts as a confidential, structured, organized and accessible at any time management dashboard. The App allows the Users to decide whether or not they trust a company, if they want to submit a data deletion request, choose to unsubscribe, continue receiving emails and/or delete emails received so far from selected senders and to further manage all the deletion request in one place.

DAD does not send data deletion requests on behalf of the Users, nor have the status of a privacy and data protection consultant/counsel and does not itself provide any privacy and data protection services (legal or otherwise). Accordingly, DAD’s App does not itself provide assistance and representation in exercising data subject rights as defined in the General Data Protection Regulation (EU) 2016/679 (the “GDPR”). The decision to submit a data deletion request and the subsequent management of data deletion requests or unsubscribing from mailing lists or senders is handled exclusively by Users in their relationship with companies and senders. Further, by accepting the T&C you understand and agree that DAD is not in the business of providing any kind of services on your behalf (legal or otherwise), nor any privacy and data protection related services, assistance, representation and that any interaction related to privacy and data protection as per the GDPR between User (as a data subject) and other companies or senders is the sole responsibility of the User and such companies or senders.

The relationship between you and DAD will in no way be considered legal assistance, representation or advice of any kind. Thus, you agree that DAD has no control over, and is not responsible for the decision you make when submitting deletion requests via the App or unsubscribing from mailing lists or senders, nor for the subsequent management of these requests (through your App or separately) and therefore for the relationship between Users and the companies and senders.

Subscriptions

By subscribing to our services, you agree to the terms outlined in this section. Subscription plans are available on a monthly or yearly basis, and will automatically renew unless canceled. Please review the details of each plan, including pricing, renewal policies, and any applicable fees, before making a purchase. You may manage or cancel your subscription at any time in accordance with the terms specified below.

Free limited trial

DAD offers a offers a free limited trial to Users who want to evaluate the service before committing to a paid subscription option. The free trial is only offered once for each User email address. This means that if the User has exhausted the number of limited actions on one account he will not be able to activate a subsequent free trial.

A wide range of factors such as device type, operating system, email provider and configuration, other types of software used, Internet connection and speed, etc., may impact the User experience and the ability to use the App as intended. The free limited trial offers the User the chance to evaluate the product and also test the compatibility of the App with the specific conditions of the User, before choosing a paid subscription plan.

The free limited trial has a limitation on the number of actions that Users can perform on the platform, namely Users are allowed to Unsubscribe only from a maximum of 10 email addresses before being directed to select one of the available subscription options.

There are monthly and yearly subscription options with DAD known as PRO Account, that Users can purchase, upgrade, downgrade or cancel at any time. All subscriptions are billed in advance and are non-refundable unless in the exceptions required by law, detailed in the “Right of Withdrawal” chapter.

The App utilizes significant resources at the beginning of the subscription period to compile the list of companies that hold the Users’ personal data and the mailing lists they are subscribed to, making them all actionable. The User expressly acknowledges that the activation of the paid subscription for the App with the generation of the actionable company list as well as the actionable mailing list, represents the full execution of the service by DAD, and thus they lose the right to request a refund if they use the service. More details can be found in the section "Right of Withdrawal".The prices and different types of subscriptions, billing period and discounts can be consulted on the SUBSCRIPTIONS page.

Subscription Fees

If you have activated a paid monthly or yearly subscription you are obliged to pay for all subscription fees, and hereby authorize DAD, and its payment processors, to automatically debit your bank account and/or charge your debit or credit card. You also agree with the billing conditions of your chosen subscription plan and the fact that all subscriptions are recurring and will be renewed automatically. This means that the subscription fees are recurring and will be charged automatically until you choose to cancel your monthly or yearly subscription plan. Depending on the User location, the subscription fees are payable in EUR, USD or GBP.

Depending on the User location & tax jurisdiction, VAT may be collected and will be included in the final price of the product. All Users residing in Romania will be charged VAT for paid subscriptions.

Payment is done using credit card via our payment processor (STRIPE LTD). Stripe encrypts sensitive data both in transit and at rest. Stripe's infrastructure for storing, decrypting, and transmitting primary account numbers (PANs), such as credit card numbers, runs in a separate hosting infrastructure, and doesn't share any credentials with the rest of our services.

Changes in Service Prices

Price Changes for Paid Subscriptions. The App may, from time to time, change the price for the Paid Subscriptions. Any changes in subscription prices will take effect at the start of the next subscription period following the price change notification.

Advance Notification. Users will be informed in advance with reasonable notice about any changes in subscription prices. Notifications will be sent via email and/or displayed within the application.

Acceptance of New Prices. By continuing to use the service after the new prices take effect, Users accept the new rates. If Users do not agree with the new prices, they have the option to cancel their subscription before the new prices are implemented.

User Options. Accept New Prices: Continued use of the services after the price change takes effect will be considered as acceptance of the new subscription rates. Cancel Subscription: If Users do not agree with the new prices, they can cancel their subscription before the new prices are implemented, thereby avoiding charges at the new rate. CONFIRMATION OF UNDERSTANDING. BY CREATING AN ACCOUNT AND USING THE SERVICES PROVIDED BY THE AGAINSTDATA APP, I EXPRESSLY CONSENT TO THE POSSIBILITY OF PRICE CHANGES FOR MY SUBSCRIPTION. I UNDERSTAND THAT ANY CHANGES IN SUBSCRIPTION PRICES WILL TAKE EFFECT AT THE START OF THE NEXT SUBSCRIPTION PERIOD FOLLOWING THE PRICE CHANGE NOTIFICATION. I ACKNOWLEDGE THAT I WILL BE INFORMED IN ADVANCE WITH REASONABLE NOTICE ABOUT ANY CHANGES IN SUBSCRIPTION PRICES. BY CONTINUING TO USE THE SERVICE AFTER THE NEW PRICES TAKE EFFECT, I ACCEPT THE NEW RATES. IF I DO NOT AGREE WITH THE NEW PRICES, I HAVE THE OPTION TO CANCEL MY SUBSCRIPTION BEFORE THE NEW PRICES ARE IMPLEMENTED.

Cancellation Policy

Any subscription plan can be canceled anytime by visiting your Account Billing Section and clicking on the “Cancel Subscription” button or by submitting your cancelation request to us via email at support@againstdata.com, at least 2 business days before your subscription renewal date. In case you choose to send a cancelation request by email, please specify the email and name that you used for the purchase, in order to correctly identify your account. Your access to the App will be maintained available until the end of the billing period for which you made a valid payment. The responsibility for the timely and proper cancelation of an account rests solely with the User.

Refund policy

DAD does NOT offer pro-rata refunds for canceled subscription plans. Monthly and Yearly subscription plans are automatically renewed at the end of each subscription period. This means that you will NOT receive any refund for the remaining period in your prepaid subscription, if you cancel it. In case you canceled a subscription, your access to the App will be maintained available until the end of the billing period for which you made a valid payment.

Right of Withdrawal

Right of withdrawal before service use. Users have the right to withdraw from the contract within 14 days of account creation, provided they have not begun using the services as described in the section ”Paid service – PRO Account subscription”. To exercise this right, Users must inform us through a clear statement (e.g., via email) about their decision to withdraw.

Exclusion of right of withdrawal after service use begins. Once Users begin using any of the services offered by the App, they lose the right of withdrawal. This applies to digital content and services that are provided immediately upon first use. Acknowledging the loss of the right of withdrawal does not impact any other User rights or the ability to cancel the subscription at any time. How to exercise the right of withdrawal. Users who have not yet begun using the services and wish to withdraw within the 14-day period must contact our support team at support@againstdata.com with a clear statement of their decision.

Consequences of withdrawal. In the event of a valid withdrawal, we will refund all payments received from the User without undue delay and no later than 14 days from the day we are informed of the User's decision. Refunds will be made using the same payment method used for the initial transaction, unless the User has expressly agreed otherwise.

CONFIRMATION OF UNDERSTANDING. BY CREATING AN ACCOUNT AND STARTING TO USE SERVICES OFFERED BY THE APP, I ACKNOWLEDGE AND EXPRESSLY CONSENT THAT I LOSE MY RIGHT OF WITHDRAWAL AND AUTHORIZE THE AGAINSTDATA APP TO CHARGE ME AUTOMATICALLY FOR MY SUBSCRIPTION.

General aspects and prohibited use

You may not use the App or the Services provided through the App for any illegal or unauthorized purpose, nor may you violate any applicable laws of Romania or the rights of third parties (including, but not limited to, GDPR and any other privacy and data protection legislation, copyright laws and any other intellectual property rights) in your use of the App or the Services. The User is responsible for the manner in which they use the AgainstData App and for the consequences arising from its use, in accordance with applicable legislation in the field.

DAD does not control the Users activities in the process of sending data deletion requests to the companies, the process of unsubscribing from certain mailing lists, creating email rules or blocking senders, nor the actions carried out during the management of the data deletion request (e.g., replying to the companies) via the App or any other activities related to them. At the same time, Users acknowledge that the proper functioning of the App may also depend on the quality or speed of the internet connection at the time of using the App.

It is forbidden to transmit viruses or any code of a destructive nature when accessing or using the App and our Services.

It is forbidden to upload or transmit documents/pictures of a denigrating, offensive nature, with reprehensible intentions and/or not related to the purpose of the App, and DAD reserves the right to close the account of Users who use the App in this way.

A breach or noncompliance with any of the provisions of the T&C will result in termination of the provision of the Services, along with any additional remedies and legal action that may be taken.

The User is solely responsible for any actions/decisions concerning his/her data, information or documents uploaded (if the case) to the App. We assume no liability for any actions taken by Users concerning their data / content uploaded by Users to the App.

The headings used in this agreement are included solely to make the T&C easier to navigate and shall not be limited to, or in any way affect, the actual content of these T&C, and you should carefully review the entire contents of these T&C before using the App.

In addition to other prohibitions set forth in the T&C, you are prohibited from using the App or its content: (a) for any unlawful or illegal purpose, and any such conduct by Users is prohibited; (b) to solicit others to perform or participate in unlawful acts; (c) to harass, abuse, insult, injure, defame, slander, discredit, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, disability or any other such criteria; (d) to present false or misleading information; (e) to collect or track unauthorized personal information of others; (f) to engage in spamming, phishing, or unauthorized harvesting of data; (g) for any obscene or immoral purpose, and any such conduct by Users is prohibited; or (h) to interfere with or circumvent security features of the App or a related site, other sites, or the Internet. We reserve the right to cease providing the Services to you and restrict your use of the App for violating any of the prohibitions in this section.

The App is not directed to any person in any jurisdiction where, for any reason, the publication or availability of the App would be prohibited. Those to whom such prohibitions apply should not access the App. Those who access the App do so on their own initiative and are responsible for compliance with applicable local laws or regulations. If the situation is unclear, we recommend that you seek legal advice in advance.

App access and Services

Sign-in

In order to use the App and the Services provided through the App, you must create an account in the App. Accessing the App and creating a Free Limited Trial account is free of charge. You may only have one active User account per a unique email address in the App. An internet connection is also required to operate and access the App, as the App is available online. Users can purchase, upgrade or cancel a PRO Account or downgrade back to a Free Limited Trial or at any time.

To create your AgainstData App account, you need to go to the relevant section of the Site (the Get started button), agree to these T&C by clicking the “I have read and agree to the T&C” button and Sign-in with your Google account (the “AgainstData App account”).

Access to your AgainstData App account will be done by Sign-in with your Google account.

When you Sign-in and access the App with your Google account, the App will have access to your name, email address, language preferences, profile picture, email header information, according to the privacy settings specific to your Google account/email address. DAD does not assume any responsibility for the processing of personal data for the purposes of creating and holding a Google account/ email address or any other services provided to you by Google, nor for the functioning of the Google account and services or for any technical errors that may be generated by the connection with the Google account and services. The AgainstData App account may keep more information about your activity in the App, such as data deletion requests trail, quick stats regarding the data deletion requests sent (ongoing, overdue, completed requests), email header information, email subjects. The User may not assign these T&C or the rights or obligations arising hereunder to any other person or entity without the prior written consent of DAD.

Except as provided herein, you may not transfer your AgainstData App account information to any other person, and you may not use anyone else’s account information or account at any time. In cases where you have nevertheless authorized or registered another person to use your account, or where you have acted negligently in safeguarding your account information as set forth above, you agree you are fully responsible for (i) the acts and omissions of such person accessing the App with your account information, (ii) controlling the person’s access to and use of the App, and (iii) the consequences of any use or misuse by such person.

Communications between us and you relating to the Services provided, your use of the App, or the enforcement of these T&C will be made through the App (messages, notifications, pop-ups, etc.) or by email sent to the contact details provided by you in the App. You may at any time contact us directly through the App, or at the contact details provided in the App, and your request will be handled by our dedicated staff. Any subsequent changes to your contact details will need to be updated in the App, otherwise the communication will be deemed to have been validly completed on the contact details available in the App.

Services

The App is a link between you (as a data subject) and your data as held by other companies and aims to provide through a friendly and easy to use tool all interested Users with the possibility to manage their data by discovering what companies hold their data and by facilitating the management of such data by choosing how to manage such data (e.g., by creating a list of trusted companies or by asking companies to delete the data). The User can also analyze the list of email senders that have written to the respective email in the past, and choose to Unsubscribe, continue receiving emails and/or delete emails received so far from selected senders.

AgainstData App is aimed at individuals who are interested in knowing which companies hold their data and want to reclaim control over their data or who want to unsubscribe from various mailing lists and start taking action. To this end, the App uses an algorithm which allow the Users to discover the companies holding their data and the senders that have written to them and acts as a confidential, structured, organized and accessible at any time management dashboard which allow the Users to decide whether or not they trust a company, if they want to submit a data deletion request, choose to unsubscribe, continue receiving emails and/or delete emails received so far from selected senders and to further manage all the deletion request in one place.

AgainstData App provides you with the following Services:

- Search for and provide you with the companies holding your data

Through this Service, based on the emails in your inbox, you will be able to discover the companies that hold your data directly in the App and choose whether you want to take action and submit data deletion requests to certain companies that you decide you do not trust. The decision to send data deletion requests is yours alone and DAD is not responsible for any such decision or the effects of such a decision.

In order to provide you with the companies holding your data, AgainstData App uses an algorithm that scans the mailbox of the email address you provided when you logged in and created the AgainstData App account. The scanning of your mailbox is done exclusively for the purpose of identifying companies that hold and process your data and send you emails to your mailbox. The identification of those companies by scanning your mailbox is done only by automatically reading some types of metadata found in your email header such as the sender’s address (the companies), the receiver’s address (your email address), and the date. The User acknowledges that the list of companies holding the User’s data is not exhaustive and contains only the companies that have sent you emails to your mailbox, since the creation of the email address, and for which DAD was successful in identifying adequate contact details.

When scanning the mailbox, the App uses a Google Access Token that serves as a secure and temporary authorization mechanism, allowing the App to retrieve and analyze only the necessary data for the purpose of providing the Service (i.e., provide you with the companies holding your data). Please bear in mind that you retain full control over the permissions granted, and at any time, you have the right to revoke access through your Google account settings.

The AgainstData App does not in any way have access to the content of the mailbox emails, nor scan/read/use the content of the mailbox emails. When scanning your mailbox, the algorithm used by the App has access and uses the metadata already processed and made available by the email provider (e.g., Google). The algorithm of the App uses the abovementioned metadata only in order to be able to provide you with the companies holding your data based on the information already available in your mailbox. At any time, you have the option to delete your AgainstData App account, which includes the removal of all associated data from our databases. This process ensures that your personal information, including any details obtained through the scanning of your inbox, is permanently and securely erased from our records. Furthermore, deleting your AgainstData App account will automatically revoke all permissions granted to our application through your Google account. This means that AgainstData App will no longer have access to your inbox or any other associated data. To exercise this right, simply navigate to your account settings on AgainstData App and follow the provided instructions for account deletion (just press “delete my account” button).

Please note that DELETED account may not be re-activated. This means that all data associated with the account will be lost. However a Users that previously held an account with DAD and deleted it, may create a new account using the same email address.

- Help you ask companies holding your data to delete such data. Providing you with a data deletion requests management tool.

If you choose to send data deletion requests to companies holding your data, you may do so by using the App functionalities. Through this Service, based on your sole decision and directly in the App, you will be able to send data deletion requests to companies that hold your data and which you decide you do not trust anymore. The decision to send data deletion requests is yours alone and DAD is not responsible for any such decision or the effects of such a decision.

The App also provides the User with the possibility to manage the data deletion requests submitted via the App by providing a confidential, structured, organized and accessible at any time management dashboard which allows the User to have visibility over (i) the number of the submitted requests and the status thereof (ongoing, overdue and completed requests as submitted by you), (ii) the response provided by the company (if provided as a reply to the initial data deletion request mail) and to write a follow-up message to the company, if the case. You will receive notifications from us concerning the status of your submitted requests and you will always have the possibility to view the status in the App.

When sending data deletion requests to the companies holding your data this request will be sent by you directly from your email address. If the company replies, you can respond from the Apps’ Requests section. Please bear in mind that the response provided by the company is provided in the App if the company responds in the same thread (as a reply to the initial data deletion request email sent by you directly from the App). However, if the company chooses to respond to the data deletion request through a separate email, and not as a reply to the initial email, then such response will no longer appear in the App, but only in your mailbox, so the App is unable to link the email threads. Sending data deletion requests via the AgainstData App will be done by Sign-in with your Google account.

When you decide to submit a data deletion request and Sign-in with your Google Account, you agree that the App has access to your Google account and use your email address for the purpose of automatically sending your deletion request from your email address through the App. DAD do not assume any responsibility for the processing of personal data for the purposes of creating and holding a Google account/ email address or any other services provided to you by Google, nor for the functioning of the Google account and services or for any technical errors that may be generated by the connection with the Google account and services.

When using your email address in order to automatically send the data deletion request from your email address via the App, the App uses a Google Access Token (the same as the one used to search for the companies holding your data) that serves as a secure and temporary authorization mechanism, allowing the App to send your request automatically from your email address. The AgainstData App does in any way have access to the content of the mailbox emails, nor scan/read/use the content of the mailbox emails.

Before deciding to send a data deletion request, you should know what a data deletion request is from a legal perspective and what are the effects of sending a data deletion request to the companies holding your data. In brief, under GDPR, a data deletion request refers to an individual's right to request the removal of their personal data held by an organization. When an individual submits a data deletion request, the organization is obligated to consider the request and determine if all or some of the information may be erased. Note that the right to erasure is not an absolute right and organizations may need to continue holding some of your personal information even following a deletion request (for example, if their storage of personal information is necessary for the organization’s compliance with its own legal obligations). In some cases, deleting personal data may result in the individual no longer being able to access/ use/ benefit of certain services provided by the organization.

In connection with the Services provided through the App, DAD acts as an intermediary providing Users only with a privacy management tool – the App, so it is not responsible for the decisions you make (sending data deletion requests) nor for communicating with companies and how companies choose to respond to deletion requests you send through the App. Companies are fully responsible for processing your personal data, for collecting additional information in the context of the data deletion request, and for providing a response to the data deletion request. DAD does not assume responsibility if the companies do not respond to the deletion requests sent by you through the App.

- Search for and provide you with the list of email addresses sending you emails

Through this Service, based on the emails in your inbox, you will be able to discover the senders (email addresses) that have written you emails in the past, directly in the App and choose whether you want to act and unsubscribe to certain email addresses from which you decide you no longer want to receive messages. The decision to unsubscribe is yours alone and DAD is not responsible for any such decision or the effects of such a decision. You acknowledge the fact that you have understood that if you unsubscribe from an email address you will no longer receive any messages from that address.

To facilitate an easier consultation of the list DAD may choose to arbitrarily group email messages in various categories and/or utilize the native categorization mechanism provided by Google Gmail.

- Help you stop receiving email messages from selected email addresses. Providing you with a email rule-creation and bulk action management tool.

If you choose to unsubscribe from an email address, you may do so by using the App functionalities.
Through this Service, based on your sole decision and directly in the App, you will be able to unsubscribe from an email address from which you no longer want to receive messages. The decision to unsubscribe is yours alone and DAD is not responsible for any such decision or the effects of such a decision. Unsubscribing from emails via the AgainstData App will be done by Sign-in with your Google account.

When you decide to unsubscribe from an email address and Sign-in with your Google Account, you agree that the App has access to your Google account and has the rights to institute email rules for the purpose of automatically blocking incoming emails from the respective email address. DAD does not assume any responsibility for the processing of personal data for the purposes of creating and holding a Google account/ email address or any other services provided to you by Google, nor for the functioning of the Google account and services or for any technical errors that may be generated by the connection with the Google account and services.

Each time you unsubscribe from an email address, the App creates a rule in your email account that automatically directs incoming messages from the respective email address to your “Trash” folder. This way any future incoming messages will not arrive in your Inbox.

All the rules created by the App in your email account are reversible and can be edited or deleted from the Settings page of your Google Gmail account. Please be aware that editing or deleting the rules created by the App may result in the improper functioning of the AgainstData App.

Whenever a User chooses to act on an email address (i.e. by unsubscribing or allowing that email address to continue to send email messages) the App also allows the User to choose to delete or keep all of the email messages received in the past from that respective email address. If the User chooses to delete all of the messages received from that email address, then the respective messages will be deleted from the User’s Inbox and moved to the “Trash” folder where they will be permanently deleted as per the User’s Google Gmail settings. Please note that depending on your individual Google Gmail settings you may not be able to recover deleted email messages.

You can choose any of the Services offered by us through the App, depending on your needs. The Services offered for use will be those displayed in the App on the date the User uses the App. The provision of a particular Service is not conditional on the use of another Service, in compliance with the law. For example, you can use the AgainstData App only as a tool to discover the companies that hold your data, or you can also use any of the other functionalities made available by the App, for example you can submit data deletion requests or unsubscribe from an email address.

DAD does not provide any other services, except for the ones mentioned in these T&C, and it is not responsible for any of the services/products made available to Users by other entities (e.g., Google or the companies holding the User’s data).

DAD informs you that the way in which the Services will be presented in this App and/or the structure of the App in general may undergo changes depending on the needs identified by DAD, so that the App can be used easily and in an intuitive way, ensuring that each User's experience is a pleasant one. Please note that the Services are only available through this App and are not offered by DAD in any other way.

Intellectual Property rights

Any content made available on the App, including (but not limited to) text, software content, video, music, sound, graphics, photographs, illustrations, names, logos, trademarks and other materials, both in their entirety and elements thereof (hereinafter collectively "Content") are protected by copyright and/or related rights, trademark rights and/or other forms of proprietary rights. Content includes both Content owned or controlled by DAD and Content owned or controlled by third parties and licensed to DAD. All individual articles, reports, and other items comprising the Application or information and/or materials published in the Application may constitute copyrighted and/or related works. By using this App, you agree to abide by all of our rights in the App, as well as any additional notices or restrictions on rights to Content accessed on the App.

You further agree that you may not use any of DAD's trademarks or trade names without DAD's express prior written consent and acknowledge that you have no ownership rights in any such names or trademarks. You agree to immediately notify DAD in writing upon becoming aware of any unauthorized access to or use of the Application by any party or any claim that the Application or any content thereof infringes any intellectual property, contractual, or other legal right of any party.

You agree not to reproduce, copy, sell, or exploit any portion of the Services offered through the Application or the Application itself, or use of or access to the Application, without the written permission of DAD.

By using this App, you agree that you do not acquire any rights or licenses to the App and/or Content, except for the limited right to use the App in accordance with these T&C and to access and download information from the App under the terms set forth in this section. Other than as set forth in this section, you may not copy, reproduce, recompile, decompile, disassemble, reassemble, distribute, publish, display, perform, modify, upload with the intent to create derivative works, transmit, or in any way exploit any portion of this Application.

Downloading information from the App is permitted by DAD subject to the following cumulative conditions:

At the same time, you agree and guarantee that you will not:

You may not sell, rent, sublicense or otherwise provide any part of the App.

If you would like information about obtaining DAD's permission to use any Content or if you would like to link your website to the Application, please send your request to the email address listed in the contact section of these T&C.

No Warranty. Limitations of Liability

The AgainstData App together with the Services are provided on an “as is” and “as available” basis, without warranty of any kind, whether expressed or implied.

If you decide to use AgainstData App, you do so voluntarily and at your own risk. DAD does not represent or warrant that your use of the App will always be uninterrupted, timely, secure or error-free, as such events may occur through no fault of ours. We also do not warrant that the results that may be obtained from use of the App will always be accurate or reliable, or that the App will meet Users' expectations or desires, or that use of the App will result in a response to a data deletion/data erasure request/compliance with GDPR requirements by companies that hold Users’ data.

You agree that, from time to time, we may remove or suspend your use of the App or the Services offered for indefinite periods of time at any time, sometimes without prior notice, for reasons justifiable to us, such as, but not limited to, performing maintenance on the App. It is also possible that in cases of force majeure, the Application may not be available, in which case DAD shall not be held liable for such events and interruptions in the provision of the Services to the extent permitted by law. To the extent possible Users will be notified of any such circumstances.

DAD shall not be liable for any damages, costs, suits, claims or expenses arising from Users' failure to comply with the T&C. DAD is in no way responsible for the actions or omissions of Users or third parties.

DAD is not responsible for the response/lack of response provided by companies to data deletion requests sent by the User via the App.

DAD is not responsible for any damage caused by viruses, bugs, human actions or any computer system malfunction, or any other errors, failures or communication delays in transmissions over devices, affecting the App through no fault of DAD.

DAD compensation

You agree to indemnify and hold harmless DAD, its employees, representatives, suppliers and agents (including but not limited to subsidiaries, joint ventures, employees and third party service providers) in the event of any claim, action, demand or other proceeding brought against DAD, its employees, representatives, suppliers or agents, by a third party, by way of payment of costs, damages and expenses (including legal fees) related thereto (actual or future) of any nature whatsoever, direct or indirect, to the extent that such claim, suit, action or other proceeding against DAD, its employees, representatives, suppliers or agents is based upon or arises in connection with:

References in this T&C section to your use of the App shall be deemed to include any use by a third party where such third party accesses the App using your account (even if the access is unauthorized).

Termination

These T&C are effective until terminated and/or cancelled by you or us.

You may terminate these T&C at any time if you no longer wish to use the App and/or Services by directly deleting your AgainstData App account from the App.

Also, if, in our sole opinion, you have not complied or we suspect that you have not complied with any term or provision of these T&C, and if you engage in any illegal, improper or prohibited use, such as reverse engineering of any software in the App, we have the right to unilaterally terminate this Agreement at any time, by giving prior notice and/or accordingly, we may deny you access to our Services (or any part thereof). The date of termination will be the date stated in the termination notice.

However, if you consider that we have not fulfilled any of our obligations under these T&C, you may request unilateral termination by directly deleting your AgainstData App account from the App.

The foregoing provisions shall not be deemed to remove the liability of the party who, through its own fault, caused the termination of these T&C.

The obligations and liabilities of the parties incurred and due prior to the date of termination shall survive the termination of these T&C to the extent permitted by law.

Privacy and data protection

In order to use the App and Services, DAD is required to process personal data about you. For details on how DAD processes your personal data please read our Privacy Policy available here. This App uses cookies. To learn more about the cookies used in the App, their purpose, and how to disable them, if the case, please read out Cookie Policy available here.

Please note that the companies holding your data and revealed to you via the App are generally separately responsible for the way they process your data. For details of the data processing carried out by such companies, please consult the information provided by them or ask them directly for this information.

The Site on which the App, or the App, is hosted may contain links to other sites or other sources that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and DAD is not responsible for any damage or loss caused or alleged to be caused by the information provided by the sites or sources to which such links direct, nor for the purchase or use of goods, services, resources, content or any other transactions made in connection with third party sites. Please read the terms, policies and practices of third parties carefully and make sure you understand them before engaging in a transaction. Complaints, claims or questions about third party products should be directed to the third parties responsible for them.

Errors, inaccuracies and/or omissions

The content of the App has been compiled with the utmost care to display the data correctly and to respect the accuracy of the information so that using the App is as pleasant an experience as possible. However errors are not impossible, so occasionally there may be information in the App or in the Services provided, which may contain typographical errors, inaccuracies or omissions, in terms of images, features, etc., for which, to the extent permitted by law, DAD does not guarantee and assumes no responsibility if the information available in the App is not always accurate, complete, error-free or current. The App, Content, features, Services and information contained therein are provided on an "as available" basis. We will endeavor to correct errors, inaccuracies or omissions as soon as possible.

Prohibition of any attempt at fraud

Any attempt to access another User's personal data, to alter the content of the Site or the App, or to disrupt the operation of the server hosting the App will be considered an attempt to defraud the App and we will take all necessary legal steps to prevent and punish such fraud.

DAD reserves the right to restrict/suspend/terminate the User's ability to use the App if it believes that the User's actions on the App may cause him/her harm or when it has a reasonable suspicion of fraud on the part of the User, or a third party connected to them. We may also restrict any subsequent access to the App by the same User in such cases.

AgainstData App changes and assignment

You agree that DAD has the right to modify at any time the Content, the App or the technical specifications of any functionality or aspect of the App, at DAD's sole discretion, subject to these T&C if such modification would also result in a modification of these T&C. You further agree that such modifications may result in the inability to temporarily access the App and that DAD has the right to cease operation of this App.

We may also in the future offer new Services and/or functionality through the App (including, the release of new tools and resources for a fee). Such new functionality and/or Services will also be subject to these T&C.

DAD may assign these T&C or its rights or obligations arising hereunder, and will notify the User, but without further consent of the User, which shall be deemed granted by acceptance of these T&C.

Independence of terms and waiver of rights

If any provision of these T&C is found by any court of competent jurisdiction to be unlawful, void or unenforceable, the invalidity of such provision shall not affect the validity of the remaining provisions of these T&C, which shall remain in full force and effect.

The failure to exercise or enforce any right provided by law or any provision of these T&C shall not constitute a waiver of such right or provision.

The whole agreement

These T&C and any policies, operating rules or business terms referred to by us in the App, in communications transmitted in connection with your use of the App or in connection with the Services offered through the App, constitute the entire agreement and contractual understanding between you and DAD and govern your use of the App, superseding any prior or contemporaneous agreements, communications and proposals, oral or written, between you and DAD (including, without limitation, any prior versions of the T&C).

Nothing in these T&C is intended to confer upon any third party (whether referred to in these T&C by name, form of organization, description or otherwise) any benefit or right in connection with the T&C.

Disputes. Governing Law

These T&C and any separate agreements expressly made known to you, whereby we provide the Services to you are governed by and construed in accordance with the laws of Romania.

In the event of any disputes or claims arising out of or relating to the use of our services, Users are encouraged to first contact our customer support team at support@againstdata.com to seek a resolution.

Any potential disputes arising between us and Users shall be resolved by agreement between the two parties (amicably). If amicable dispute resolution is not achieved, any potential disputes between us and Users shall be resolved by the competent courts of Romania.

Special provisions applicable for EU consumers. EU Online Dispute Resolution Platform. If the dispute cannot be resolved through our customer support team, Users may submit their complaint to the EU Online Dispute Resolution (ODR) platform. The ODR platform is an official website managed by the European Commission dedicated to helping consumers and traders resolve their disputes out-of-court. The platform can be accessed at https://ec.europa.eu/consumers/odr/.

Express acceptance

The User declares that they are aware of, accept and agree to the following clauses of these T&C: section related to DAD quality and liability; sections related to disclaimer of liability; section related to disclaimer of warranties and limitation of liability; section related to termination of contract; section related to links to third parties; section related to errors, inaccuracies and/or omissions; section related to prohibition of any attempt at fraud.

Contact information

Questions regarding these T&C should be sent to support@againstdata.com or postal address: 21, Ciocirliei street, Busteni, Prahova, Romania. In the event of any written complaint to the contact details indicated above, related to these T&C or the use of the App, we will make every effort to respond to you as soon as possible, through the same communication channel through which you contacted us, or through another one indicated by you.

These T&C were last updated on September 14, 2024.