Obscure
Terms of Service
Last updated: 02/21/2024
Effective date: 02/21/2024
Introduction & Scope
These are the Terms and Conditions of Service (hereinafter, the “Terms”) for our platform known as ObscureIQ, its associated platform providers, along with the website available at www.ObscureIQ.com and its mobile optimized versions (the “Site”).
This is a legal engagement which sets out the terms and conditions by which Avantis Data Solutions, LLC (hereinafter referred to as “ObscureIQ”) will provide services to you or to the legal entity you represent (‘you’, ‘your’, and/or ‘yourself’).
The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, shall refer to ObscureIQ and/or our affiliates, assignees, successors and/or brands. These Terms shall supplement our Privacy Policy (the “Policy”), incorporated herein by reference.
User Agreement & Acceptance
By accessing our Site and using our Services, you agree to be bound by and under these Terms, along with any and all applicable laws and regulations, or you should not use our services.. Some of our Services require interactions with data brokers in order to delete client data that has been aggregated into profiles. These deletions seek to cleanse the client’s online presence by working with data brokers and other third parties who hold your data.
Limited Appointment. In order for ObscureIQ to provide its Services, you hereby grant ObscureIQ, its officers, assigns, representatives and agents, a limited power of attorney, sufficient to perform its Services to seek to control your personal information online, including but not limited to: (i) submitting opt-out requests to third-party data broker websites, online directories, online aggregators or other third parties who have control over such type of content; (ii) submitting signed opt-out documents and opt-out requests on your behalf; (iii) creating the necessary user accounts on your behalf pursuant to said activities; and (iv) any other action ObscureIQ reasonably deems necessary to delete, make inaccessible, remove from search engine results or opt-out your personal information online from unwanted sources in fulfillment of your subscription. This limited power of attorney will remain in full force and effect until you cancel your Service subscription with ObscureIQ or we terminate our Service offering, at any time, for any reason, and at our sole discretion.
By using our Site, you represent and warrant that you: (a) are of legal age or legal capacity in your jurisdiction to enter into a contract for services; (b) agree to all the terms and conditions stated herein; (c) have the right, power, and authority to bind your represented entity or agency to these terms and conditions. The Site’s accessibility to the user is solely provided for the user’s individual benefit, and you cannot use our services as part of a team or talent agency or in representation of a corporate third party.
Account Registration, Verification and Safety
You agree to provide accurate and complete information when opening your account with us, including all mandatory fields on the registration form. You also hereby agree to keep the password chosen upon creating your account confidential and not to communicate it to third parties. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms.
ObscureIQ does not knowingly provide its Services to persons: (i) under legal age; (ii) who have had their account previously disabled for violations of our Terms or Policy; or (iii) who are otherwise prohibited from receiving our products, Services, or software under applicable laws.
We reserve the right to request any and all applicable proof of identification and proof of consent from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age or consent, we reserve the right to immediately freeze, block or cancel the account, with no liability to us.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, including identity theft, and that any violation of the aforementioned provisions may result in the immediate termination of your access to ObscureIQ and/or our Services.
Subscription Terms
When you purchase an auto-recurring periodic subscription, your account will be billed continuously for the subscription period, which is set to automatically renew at the end of your chosen term. The subscription payment will be billed on a yearly basis on the calendar day corresponding with the date of commencement of your paid subscription. If a payment is not successfully settled we may suspend your access to the Services until we receive valid payment.
You will be able to cancel the renewal of your subscription at any time by entering your user account with us. Canceling your subscription renewal means that the recurring payments will end, but you will still have access to the Services for the remaining time of your current subscription period.
ObscureIQ reserves the right to change said fees or applicable charges and to institute new charges and fees at the end of the initial Service term or then-current renewal term, upon thirty (30) days prior notice.
Payment Processing Terms
We rely on authorized third-party payment processors to bill and charge all users through a linked payment account, such as debit cards, credit cards and third-party platforms, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account. Sensitive financial details are stored only by our payment providers/processors.
For payments by credit or debit card, we will have the right to obtain a pre-approval from the issuer of the card for an amount which may be a low verification amount or as high as the full price of the payment. In such a case, your card will be charged when you initiate a payment on ObscureIQ’s website, and if you cancel a transaction before it can be completed, the security pre-approval may cause those charges to be available to you on your account’s limit.
Disputes & Charge-backs
All users must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final, non-cancelable and non-refundable. If your transaction results in an overdraft or other fee from your bank charged to us, or if we detect any chargeback or if any payment is not received by us or our payment providers/processors for any reason, you agree to promptly pay us any and all amounts due to us upon notice.
When a chargeback is issued, you are immediately liable to ObscureIQ for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment provider/processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint ObscureIQ as your payment agent, with full power to recover these amounts by debiting your account or setting off any amounts owed by you to us.
General Terms
Assignment. These Terms will inure to the benefit of any successors of the parties.
Entire Agreement. These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter, and these Terms supersede any and all prior oral or written communications, proposals, representations, and agreements.
Force Majeure. ObscureIQ is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond ObscureIQ’ reasonable control, including but not limited to, electronic, power, mechanic, or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, acts by nation-state actors, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government-mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
Language. These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
No Embargo. You hereby represent and warrant that: (i) you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) you are not listed on any government’s list of prohibited or restricted parties or activities.
No Waiver. Failure by ObscureIQ to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
Newsletter. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
Notices. All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall therefore be considered valid substitutes for hardcopy documents and hand-inked signatures.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect.
Applicable Law. You agree to submit to the applicable laws in the State of Pennsylvania, United States of America, which will govern these Terms and any claim, without regard to conflict of law provisions.
Forum. For the application of these Terms, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in the State of Pennsylvania, United States of America.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
User Support
If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly assess your concerns.
Contact
If you have any questions or queries about us, ObscureIQ, our Services or these Terms, please contact us via support@ObscureIQ.com. Note that communications made via email or the “Contact Us” page does not constitute legal notice to the ObscureIQ legal entity.
User Code of Conduct
As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:
- Infringe or violate these Terms, or allow, encourage or facilitate others to do so.
- Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
- Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
- Republish, sell, rent or sub-license content or materials from the Site without our authorization.
- Reproduce, duplicate or copy material from the Site without our express written authorization.
- Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
- Intercept or monitor activity via our Site or Services, without our express authorization.
- Reverse engineer, decompile or extract the proprietary code of the Site and/or our Services.
You acknowledge and agree that we may report any activity that we believe may violate any law, to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to ObscureIQ, the Site, and/or our Services.
Intellectual Property Rights
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and through the Services are the property of or otherwise are licensed to ObscureIQ and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in ObscureIQ or our Services, in whole or in part.
DMCA Takedown Notice
In compliance with the Digital Millennium Copyright Act (“DMCA”), we inform the general public that ObscureIQ is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing. The following procedure will apply for any content displayed through ObscureIQ that allegedly infringes the intellectual property rights of you or of any third party: you must notify us of your claim with the email subject: “Takedown Request”. Once received, ObscureIQ will study and consider your claim and, if it believes or has reason to believe any content on ObscureIQ infringes on another’s copyright, ObscureIQ may delete it, disable or otherwise stop displaying it.
Your DMCA takedown request claim must be in writing and must at least contain the following information: (i) your signature and identification, or that of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Changes to the Terms, Site, and/or Services
ObscureIQ reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice. Any changes will be displayed on the Site, and we may also notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
Privacy
By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, processing, storage and disclosure of such personally identifiable information, including to our affiliates or agents. We will ask for your express consent, including for inclusion in our newsletters, updates, and follow-ups. For more information, please read our Privacy Policy.
User Representations and Warranties
You hereby represent, warrant, and covenant that your use of our Site and Services, and all of your uploaded user data shall be at all times compliant with these Terms and all local, state, federal, and international laws and regulations applicable to you and your organization.
Disclaimer of Warranty
To the fullest extent permissible under applicable law, ObscureIQ and the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. ObscureIQ, and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.
No Damages
In no event shall ObscureIQ, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of ObscureIQ or the Services including, but not limited to, loss of revenue, lost profits, loss of business, loss of use or lack of availability of computer resources, business glitch, defamation, or loss of data (notwithstanding that we might have been advised of the possibility of such damages or such damages are foreseeable); whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not ObscureIQ, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages; emanating from or connected, in any way, with your use of, or inability to use ObscureIQ.
No Liability
The Company shall not be held liable for any loss, damage, or harm incurred by the user, regardless of the cause or circumstances. This includes but is not limited to negligence, failure to comply with these Terms, or any other actions or omissions related to the provision of the Services.
By agreeing to these Terms, you expressly waive and release the Company from any and all liability, claims, demands, actions, or causes of action arising out of or in connection with your use of the Services.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. To the maximum extent permitted by applicable law, the Company disclaims all warranties, representations, or conditions, whether express or implied, including but not limited to the implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement.
Service
You accept that while ObscureIQ will submit your information to be removed from the Data Brokers in our Data Broker Dataset, it’s not always guaranteed that the third party will comply with our submissions. We will notify you of our results.
ObscureIQ has the right to add or remove data brokers from the Data Broker Dataset and coverage of your plan at any time. By accepting the Terms of and Conditions of Service, you accept any changes that ObscureIQ will make to our service/product.
Limitations of the Service
While our services aim to improve your privacy and security by deleting your personal information from various location brokers, it cannot guarantee your physical safety and does not eliminate all potential tracking methods. It is intended as one measure among others to enhance privacy and reduce the risk of location-based and personal data-based tracking. If you believe your physical safety risk is high, you may need additional assistance that we do not provide, such as private security services.
Nature of Privacy Risk
Please be aware that privacy risks and tracking methods can evolve, and new methods may emerge. Our services address personal data and location history data but may not cover all potential avenues of tracking or address all privacy concerns. We recommend adopting a comprehensive approach to privacy protection.
Individual Circumstances
The effectiveness and outcomes of using our services may vary depending on individual circumstances, device settings, and other factors beyond our control. While it can assist in reducing location tracking risks, we cannot guarantee the complete eradication of all location-related and personal data or assure protection against all potential threats.
Legal Restrictions
It is your responsibility to ensure compliance with local, state, and federal regulations. ObscureIQ does not endorse or encourage any illegal activities, and any unlawful use of our service is strictly prohibited.