Terms of Use

Last updated: 03/04/2025

1. Scope of the Terms of Use

1.1

Schwarz Cyber Technologies GmbH, Stiftsbergstr. 1, 74172 Neckarsulm, Germany, +49 7132 30 50 05, info@omniac.de, (hereinafter referred to as "Schwarz" or "we") operates an application for mobile devices ("Omniac App"), a website ("Omniac Website") and an associated fee-based identity protection service ("Identity Protection"), which it offers to you for use subject to these Terms of Use ("Terms of Use"). Omniac App, Omniac Website and Identity Protection are collectively referred to as "Services" or "Omniac".

1.2

These Terms of Use govern the contractual relationship between Schwarz and you regarding the use of the Services and the purchase of fee-based subscriptions. They are the exclusive contractual basis for this. Conflicting general terms and conditions shall only become part of the Agreement concluded between Schwarz and you if we have expressly agreed to their validity in writing.

1.3

Omniac is being continuously developed further and can be supplemented by Schwarz with additional services in the future. These additional services may be subject to special terms of use that supplement or extend these Terms of Use ("Special Terms of Use"). In this case, you will be informed in advance of the Special Terms of Use, which you must accept in order to use the additional services. In the event of contradictions between the provisions of these Terms of Use and the Special Terms of Use, the provisions of the Special Terms of Use shall take precedence. Otherwise these Terms of Use shall remain unchanged.

1.4

In addition to these Terms of Use, the download of the Omniac App from an app store may be subject to the terms and conditions of the app store from which you download the Omniac App. With regard to the download of the Omniac App, in the event of a discrepancy between the Terms of Use and the terms and conditions of the app store, the terms and conditions of the app store shall prevail. If the Omniac App is downloaded from the app store of Apple Inc. or a company affiliated with Apple Inc. ("Apple"), the Agreement is not concluded between you and Apple, but between you and Schwarz, so that Schwarz alone is responsible for licensing the Omniac App to you. Apple will not be a party to any agreement in relation to the use of the Omniac App and will not be liable for any defects, damages or infringements of third party rights. Apple is also under no obligation to provide maintenance, support and care services in relation to the Omniac App.

1.5

The currently applicable Terms of Use are available to you during the registration process, the process for purchasing a subscription and at any other time at https://www.omniac.de/terms-of-use/, where you can save and print them out. We do not save the text of the Agreement after contracting.

2. Subject Matter of the Agreement and Provision of Services

2.1

The subject matter of the Agreement is the provision of Internet-based services for your use. If you take out a subscription for Identity Protection, this is subject to these Terms of Use. These Terms of Use do not cover the connection to the Internet, the maintenance of the network connection or the procurement and provision of the hardware and software required to use the Services. In order to use the Services, you must therefore provide your own Internet access and all the necessary technical equipment and pay any related fees yourself. In this respect, you are responsible for complying with the general terms and conditions of third parties when using the Services.

2.2

The fee-based Identity Protection service helps you to detect disclosures of your personal data through data leaks and can offer you recommendations for action to prevent further theft of your data and potential identity fraud. In this context, Identity Protection offers you the option of having certain personal data (such as your e-mail address, telephone number and account data) monitored to determine whether it may have been published on the deep web, dark web, bot net or surface web, i.e., whether it has been compromised and can therefore be misused ("Identity Protection"). You can find a more detailed description of the Identity Protection functions at https://www.omniac.de. In the personal area of your customer account, you can specify which data should or should not be continuously monitored. This is done by adjusting the corresponding settings in the customer account. After selecting and entering your personal data, this data is monitored around the clock. If it is discovered that your data has been published, you will receive an alert about the incident, together with recommendations for action and a risk rating.

2.3

In order to make full use of the functionalities of the Services, you must first register in the Omniac App or on the Omniac Website in accordance with clause 4 and take out a paid subscription for Identity Protection in accordance with clause 5.

2.4

In order to use the functionalities of the Services, you may have to give your consent to the processing of your personal data. Schwarz will ask you separately to submit these declarations of consent, insofar as these are legally required, and inform you of the scope of these declarations.

2.5

The Omniac App is configured for the iOS and Android operating systems and you can download it from the most popular app stores. There are no costs for downloading the Omniac App.

2.6

The Omniac App will be provided to you in a compiled machine-readable form ("object code") in accordance with these Terms of Use without any obligation to pay in the form in which it is available in the app store at the time of the conclusion of the Agreement so that it can be installed on your mobile device.

2.7

Source codes, development materials and open source software used within the Services are not the subject matter of the Agreement.

3. Changes to the Omniac App

3.1

Schwarz may modify and adapt the Omniac App and its functional scope beyond what is necessary to maintain the Omniac App's conformity with the Agreement if a valid reason requires such modification. This is the case in particular in the event of changes (i) to ensure compliance with applicable laws and/or to take into account relevant laws and regulatory requirements, such as mandatory consumer laws, (ii) to implement court or official orders, (iii) to carry out temporary maintenance work, correct errors, make technical adjustments and improvements, such as adaptation to a new technical environment or transfer to a new hosting platform, (iv) to adapt to changing market conditions, such as increased user numbers, (v) due to infringements of third party rights, (vi) due to loss of or changes to third party license terms whose licenses are required for the operation of the Omniac App or the Services, (vii) due to delivery or provision restrictions of Schwarz's service providers, or (viii) for the benefit of the user.

3.2

There are no additional costs for changes to the Omniac App and its range of functions. Schwarz will inform you clearly and comprehensibly about any changes to the Omniac App.

3.3

If such a change affects your access to or usability of the Omniac App more than just slightly ("negative change"), Schwarz will inform you at least six weeks in advance by e-mail ("change notification"). The change notification contains the characteristics and the time of the negative change as well as information about your rights described below.

3.4

In the event of negative changes, you have the right to terminate the Agreements (see clauses 4 and 5) free of charge with 30 days' notice. The period begins when you receive the notification of change. If the change is made after you have received the notification of change, the period only begins to run from the time of the change. Termination of the Agreement is excluded if we enable you to maintain access to and use the Service without the adverse change at no additional cost and in accordance with the Agreement.

3.5

These Terms of Use apply mutatis mutandis to all amendments and to the Omniac App as amended from time to time.

4. Setting Up the Customer Account

4.1

Registration and the creation of a free customer account is required to use the Services ("Customer Account").

4.2

If you use our Services without being logged in, you have the option of logging in or registering. The option to register that we provide does not constitute a binding offer by us to create the Customer Account. You make a binding offer to enter into the Agreement by providing all requested information during the registration process in the Omniac App or on the Omniac Website and clicking the "Register" button ("Offer").

4.3

Upon receipt of the Offer, we will send a confirmation of your registration by e-mail to the e-mail address you provided during the registration process in the Omniac App or on the Omniac Website ("Registration Confirmation E-mail"). This Registration Confirmation E-mail does not constitute our acceptance of your Offer. This Registration Confirmation E-mail contains an activation link with which you can confirm your e-mail address. Confirmation of your e-mail address is mandatory for registration. The Agreement is concluded when we have expressly accepted the Offer by sending a further e-mail with a contract confirmation ("Entry into Agreement").

4.4

Until you click on "Register", you can cancel the registration at any time or change the information provided by deleting, supplementing or correcting the information entered in the various fields or by closing the Service. After completing the registration process, you can add to or change the information provided in your Customer Account at any time.

5. Purchasing a Subscription

5.1

In addition to setting up a free Customer Account, a paid subscription is required to use Identity Protection.

5.2

You can choose between an annual and a monthly subscription. To do this, you can click on "Start your protection" in the Omniac App in the Customer Account under "Subscription" and select the appropriate subscription plan with the remuneration specified in the Omniac App. The option of selecting the various subscription plans at the stated costs does not constitute a binding offer from us to conclude a subscription. You submit a binding offer to take out a subscription by providing all the information requested during the ordering process and clicking the "Pay now" button ("Offer for Identity Protection").

5.3

As soon as we have received your Offer for Identity Protection, we will confirm receipt of your order by e-mail.

5.4

The agreed remuneration is due for payment by you in advance. All prices quoted are gross prices including statutory VAT.

5.5

Payment is made via one of the payment methods offered in the order process. If you purchase Identity Protection in the Omniac App, payment and management of the subscription will be made exclusively via your account with the relevant app store (e.g., Apple App Store, Google Play).

5.6

After receipt of the Offer for Identity Protection, the contract between you and the respective operator of the app store is concluded by the operator sending an express acceptance of your Offer For Identity Protection, i.e., a contract confirmation or order confirmation, to the e-mail address you confirmed during registration ("Entry into Agreement for Identity Protection").

5.7

Until you click on "Pay now", you can cancel the conclusion of a paid subscription at any time or change the selection of the subscription by deleting, supplementing or correcting your details or closing the Service. After completing the order process, you can change or cancel the subscription in accordance with clause 11.

6. Your Duties

6.1

All information you provide must be complete, correct and truthful. You are obliged to keep the information you have provided up to date.

6.2

You are obliged to store and regularly back up all data and information transmitted to Schwarz in the course of using the Services before transmitting them to Schwarz.

6.3

To be able to create a Customer Account, you must be a natural person and at least 18 years old.

6.4

You may only use Identity Protection for your own personal data for monitoring purposes.

6.5

You may not infringe the rights of third parties, e.g., copyrights or trademark rights, when using Omniac.

6.6

You must not interfere with or disrupt the integrity of the performance of our Services in any way, for example, by attempting to gain unauthorized access to our Services or the related systems and networks, or access or use our Services in any way that introduces malicious programs into our Services, including viruses, worms, Trojan horses or the like.

6.7

You are obliged to use the Services exclusively in accordance with these Terms of Use and in accordance with the respective intended purpose. You are obliged to not use the Services for purposes other than those intended, in particular not for commercial purposes, i.e., with the intention of making a profit, or to use them in a way that disrupts or overloads their technical operation.

6.8

You are obliged to protect your personal access data from access by third parties and not to pass it on to third parties. User accounts are not transferable. In the event of possible misuse or access by third parties, you must inform Schwarz of this without undue delay.

6.9

You represent that (i) you are not located in a country that is subject to a U.S. government embargo or that has been designated as a "terrorist supporting" region by the U.S. government; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

7. Grant of Rights

7.1

You grant Schwarz all necessary rights required to provide the Services.

7.2

If you have downloaded the Omniac App from the Apple App Store, the following applies:

• Schwarz grants you the non-transferable right to use the Omniac App on Apple-branded products that you own, acquire or have in your possession; and
• You may only use the Omniac App in accordance with the terms of use set forth in Apple's general terms and conditions, except that access to and use of the Omniac App from other accounts linked to the purchaser through family sharing, volume purchase or estate contacts is permitted.

7.3

If you have downloaded the Omniac App from another app store, Schwarz grants you the non-exclusive right to use the app as intended to the extent necessary.

8. Right of Withdrawal

8.1 Notice regarding Withdrawal

Notice regarding Withdrawal Right of Withdrawal You have the right to withdraw from this Agreement within 14 days without stating any reasons. The deadline for withdrawal is 14 days from the date of entering into the Agreement. To exercise your right of withdrawal, you must notify us at Schwarz Cyber Technologies GmbH Stiftsbergstr. 1, 74172 Neckarsulm, Germany +49 7132 30 50 05 info@omniac.de

by means of an unambiguous declaration (e.g., a letter sent by mail or e-mail) of your decision to withdraw from this Agreement. You may, but are not required to, use the attached standard withdrawal form for this purpose. To meet the deadline for withdrawal, it is sufficient for you to send notice of intent to exercise your right of withdrawal before the deadline expires.

Consequences of Withdrawal If you withdraw from this Agreement, we will refund all payments received from you, including delivery charges (excluding any additional costs if you selected a delivery method other than our lowest standard delivery rate), without undue delay and at the latest within 14 days of the date on which we receive notice of your withdrawal from this Agreement. We will refund you using the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. If you have requested the commencement of the Services during the withdrawal period, you have to pay us an appropriate amount equivalent to that portion of the Services already provided until the time you notified us of your decision to exercise your right of withdrawal in relation to the total scope of Services envisaged in the Agreement.

8.2 Standard Withdrawal Form

9. Warranty Claims for Defects

9.1

Schwarz provides a warranty in accordance with the statutory provisions. No warranty is given for the completeness of the search or the actual finding of compromised personal data in the context of Identity Protection.

9.2

If you have downloaded the Omniac App from the Apple App Store, to the extent permitted by applicable law, Apple has no warranty obligation with respect to the Omniac App, and any other claims, losses, liabilities, damages, costs or expenses arising out of any breach of warranty or failure to enforce any warranty against Schwarz are not the responsibility of Apple and are the sole responsibility of Schwarz. However, you have the option of notifying Apple in the event of failure to assert warranty claims against Schwarz. Apple will then refund you the purchase price for the Omniac App, if applicable.

10. Liability

Schwarz is finally liable within the scope of these Terms Of Use in accordance with the following provisions:

10.1

Schwarz's liability is unlimited for loss or damage caused intentionally or by gross negligence and for loss of life, bodily injury or injury to health.

10.2

Schwarz shall only be liable for negligence if it breaches a material contractual obligation. For the purpose of this clause, material contractual obligations are obligations that are essential for the execution of the Agreement and on the performance of which the other party may therefore ordinarily rely.

10.3

Liability in accordance with clause 10.2 is limited to the damage foreseeable at the time of Entry of the Agreement, the occurrence of which must typically be expected.

10.4

Liability for damage due to data loss in the case of clause 10.2 shall be limited to the amount of the recovery of the data that would have been incurred even if you had backed up the data regularly and in a manner appropriate to the risk.

10.5

The above limitations of liability apply mutatis mutandis for the benefit of Schwarz's employees, subcontractors and agents.

10.6

Any liability on the part of Schwarz for any warranties made (which must be expressly designated as such) and for claims under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

10.7

Any further liability on the part of Schwarz is excluded.

10.8

To the extent permitted by applicable law, if you have downloaded the Omniac App from the Apple App Store, Apple is not – with regard to the Omniac App or your possession and/or use of it – responsible for:

• Product liability claims, any allegation of non-compliance of the Omniac App with applicable legal or regulatory requirements, and claims arising under consumer protection or similar laws;
• The investigation of, defense against, settlement of, and discharge from claims of infringement of its intellectual property by third parties.

11. Term and Termination

11.1

The Agreement on use of your Customer Account shall be entered into for an indefinite term. You can terminate this Agreement at any time, e.g., by deleting your Customer Account. However, this has no influence on any active subscription. If a subscription is active, Schwarz can only terminate the Agreement for the use of your Customer Account together with the subscription in accordance with clause 11.2. If no subscription is active, the use of the Customer Account can be terminated by Schwarz with a notice period of two weeks.

11.2

Unless otherwise agreed during the ordering process, the term of the fee-based Agreement for Identity Protection is as follows:

• If the annual subscription is selected, one year from activation of Identity Protection ("minimum term"). Thereafter, the term of the Agreement is automatically extended indefinitely if the Agreement is not terminated by you or Schwarz at least twenty-four (24) hours before the end of the minimum term. The agreement, which runs for an indefinite period, can be terminated by you at any time with a notice period of at least twenty-four (24) hours to the end of the current contract month. Any overpayments will be refunded to you on a pro rata basis at the end of the respective contract month;
• If a monthly subscription is selected, one month from activation of Identity Protection ("minimum term"). Thereafter, the term of the Agreement is automatically extended indefinitely if the Agreement is not terminated by you or Schwarz at least twenty-four (24) hours before the end of the minimum term. The Agreement, which runs for an indefinite period, can be terminated by you at any time with a notice period of at least twenty-four (24) hours to the end of the current contract month.
• To cancel your subscription, please visit the subscription management in the respective app store. You can access your subscription management by clicking on "Access subscription management" under "Settings" and "Subscription" in the Omniac App.

11.3

The statutory right to terminate the Agreement for good cause without notice shall remain unaffected. Section 314 (1) of the German Civil Code (Bürgerliches Gesetzbuch – BGB) shall apply.

11.4

The parties agree that there is good cause for Schwarz to terminate the Agreement in the following cases in particular:

• You seriously or repeatedly violate the provisions of these Terms of Use, despite a warning;
• You are in breach of the prohibition under clause 6.7 on the commercial use of the Services;
• You use the Services contrary to clause 6.4 to monitor personal data that is not your own.

12. Amendment of the Terms of Use

12.1

Schwarz may amend and adapt these Terms Of Use with effect for the future if there is a valid reason for the amendment and insofar as the amendments are reasonable, taking into account the interests of both parties.

12.2

A valid reason exists in particular if the changes are necessary to a not insignificant extent due to an imbalance in the parties' performance obligations under the Agreement that was not foreseeable for Schwarz at the time of contracting or are necessary for the further performance of the contract due to changes in case law or legislation.

12.3

The amendment of a primary performance obligation – with the exception of the changes to the Omniac App or its scope of functions described in clause 3 –is excluded.

12.4

Schwarz will send you the amended terms in text form at least six weeks before they are scheduled to come into force and will draw your attention separately to the new provisions and the date on which they come into force. At the same time, Schwarz will grant you a reasonable period of at least six weeks to declare whether you accept the amended Terms of Use for the further use of the Services.

12.5

If no declaration is made by you within this period, which shall commence upon receipt of the message in text form, the amended Terms of Use shall be deemed to have been agreed.

12.6

Schwarz will inform you separately of this legal consequence, i.e,. the right of objection, the objection period and the significance of silence, at the beginning of the period.

13. Third-party Beneficiaries

If you download the Omniac App from the Apple App Store, the following applies: The parties acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and that upon your acceptance of these Terms of Use, Apple will be granted (and will be deemed to have accepted) the right to enforce the Agreement and these Terms of Use against you as a third-party beneficiary thereof.

14. Final Provisions

14.1

Choice of Law. These Terms of Use shall be governed by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, i.e., if you are a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity, and if your habitual residence is not in Germany, this shall apply with the proviso that mandatory provisions of the law of the country in which you have your habitual residence shall continue to apply insofar as they provide otherwise.

14.2

Language. The contract language is German.

14.3

Central Point of Contact. Questions, complaints or claims regarding the services can be sent in German and English to Schwarz Cyber Technologies GmbH, Stiftsbergstr. 1, 74172 Neckarsulm, Germany, +49 7132 30 50 05, info@omniac.de.

14.4

Jurisdiction. The place of jurisdiction and place of performance for (i) users who are not consumers, (ii) consumers who are not resident in Germany at the time of contracting or who move their place of residence abroad after the Agreement is entered into, and (iii) consumers whose habitual residence is unknown at the time the action is brought is Neckarsulm. Otherwise, the place of jurisdiction shall be determined in accordance with the general rules.

14.5

Transferability. Schwarz has the right to transfer the rights and obligations arising from this Agreement to a third party. In such a case, you have the right to withdraw from the Agreement.

14.6

Mandatory Information on Consumer Dispute Resolution. The European Commission provides a platform for online dispute resolution (ODR) at http://ec.europa.eu/consumers/odr/. Schwarz is not prepared or required to participate in any dispute resolution proceedings before a consumer arbitration board