What is Incogni?

Incogni contacts data brokers on Your behalf and requests deletion of any of Your personal information they have (‘Incogni Service’ or ‘Service’). When mentioning data brokers We refer to entities which collect, analyze, and/or sell Your personal information (usually in high volumes) to third parties or use it themselves for profit (often without Your informed consent). For this You will need to provide Us with some of Your personal information (name, surname, residential address, phone number, date of birth and email address) so that We can prepare an authorization document (‘Authorization form’) for You to sign which is necessary to contact data brokers on Your behalf. We may need that You provide Us with some documents necessary to prove Your identity, proof that You have authorized Us to act on Your behalf, or any other information required for provision of the Incogni Service.

Eligibility

Incogni is intended for natural persons who are 18 or older and are consumers. Natural persons of younger age are expressly prohibited from submitting any of their information to Us and using Incogni Service.

You will need to create an account

To use Incogni Service, you will need to set up an account and subscribe to Incogni on a service period basis. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your account, with or without authorization, or who has access to any computer on which your account resides or is accessible.

To set up an account you will need to complete the registration process by providing the complete and accurate information about yourself requested on the registration form. You will be asked to provide an email address and password. You are entirely responsible for maintaining the confidentiality of your password. You may not sell or trade that account to any other person. Also, you cannot change the sign-up email address.

You agree to notify Us immediately of any unauthorized use of your account, email address or password. We are not liable for any loss that you or any third party incur as a result of someone else using your password, either with or without your knowledge. We reserve the right to terminate your account at any time.

You are responsible for providing correct information. Nevertheless, you have the option to update the information (except the sign-up email) you provide to Us at any time. Once you create an account and provide the required information to Us, such information will be used to automatically draft the authorization form. Please be aware that any changes you make to the required information will take effect after a specific period of time, which varies depending on the data broker involved.

Family & Friends Plan

Please note that in order to ensure fair usage and manageability of the Family & Friends Plan, Incogni imposes restrictions on the excessive frequency of member changes. Excessive changes to Family & Friends Plan members may lead to limitations on your ability to make further modifications.

What activities are prohibited?

By using Incogni Service, you shall not:

You shall at all times comply with  all applicable local, federal, state, national and foreign laws, treaties and regulations in connection with Your use of the Service, including those relating to data privacy, international communications and the transmission of technical or personal information.

If Incogni is contacted with a complaint regarding or arising from Your use of the Incogni Service or independently detects a breach of these Terms of Service, Incogni may deem Your usage in violation of these Terms of Service and, at Incogni’s own discretion,  terminate Your account or limit and/or suspend the provision of the Incogni Service without notice.

What is Incogni payment, automatic renewal and refund policy?

You can create the Incogni account free of charge, but to start getting the Service you will need to subscribe to Incogni on a service period basis. After signing up for Incogni Service, you may choose a payment method.

Incogni may change the price for the subscriptions, including recurring subscription fees, or other subscription terms from time to time and will communicate any price or other changes to You in advance. Subject to applicable law, You accept the new price and terms by continuing to use the Service after the changes take effect.

As a rule, You have no right to claim a refund after the period of 30 days from the purchase has passed. Nevertheless, in the exceptional cases, We will consider refund beyond such 30-days period, at Our sole discretion, if You can demonstrate that the Incogni Service which You purchased were not available or usable and that You made reasonable attempts to contact Us regarding this issue. In such a case, We may provide You with a pro-rata refund of Incogni Service’ fees paid during the subscription period when the Service was not available or usable. 

We are not able to grant You a refund if You obtained the  Incogni Service subscription via resellers other than Paddle. In the scenarios when Your subscription was purchased through a reseller other than Paddle, it is necessary for You to consult with the original seller to understand their specific refund procedures and potentially obtain Your refund through them. Please check with the individual reseller's terms for more information. However, if Your purchase was made through Paddle, we can facilitate a refund for You in accordance with these Terms of Service.

You have a right to delete your account at any time, however, deleted accounts will not be refunded for the unused part of the ongoing service period. No refunds will be considered for accounts terminated for violation of these Terms of Service.

We will do our best

To the fullest extent permitted by applicable law, the Website, the Incogni Service, the documentation, and any product, service, or other item provided by or on Our behalf are presented on an "AS IS" and "AS AVAILABLE" basis. We explicitly disclaim, and You waive, all other warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, as well as warranties arising from course of performance, course of dealing, or usage in trade. Without limiting the foregoing, We do not assert or guarantee that the Website, the Incogni Service, or the documentation are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.

Incogni undertakes to submit the necessary deletion requests (and additionally requested information, where applicable) to the relevant data brokers. Nevertheless, Incogni does not guarantee that those requests will be fulfilled by the relevant data brokers. Filing claims to data brokers, public authorities and/or institutions and/or any other persons due to data broker’s refusal to satisfy deletion request, data broker’s refusal to respond to such request or any other reason, or taking other legal action is not part of the Incogni Service. In certain circumstances, Incogni might take legal action in cases of suspected non-compliance with applicable data protection laws, however, We would do so after entering into a separate arrangement. Please note that Incogni does not guarantee that any legal action would be taken and does not promise any results.

We may withdraw from any representation and cancel and/or annul any documents granting Us authorization to act on Your behalf at any time, for any reason, and at Incogni’s sole discretion. We will not receive any implied authorizations and related responsibilities. Furthermore, We do not agree to any representations unless specifically agreed to in writing between You and Us.

You understand and acknowledge that, based on certain circumstances, such as changes in the data brokers’ business or their internal procedures, the list of recipients of data removal requests might change from time to time.

Incogni operates in a limited number of countries/regions that have applicable data protection laws: the European Union, Switzerland, the United Kingdom, Norway, Iceland, Liechtenstein, Canada and the United States (mainland). However, the list of countries is subject to change. By signing up for Incogni Services, you understand and agree that the number of successful deletion requests might depend on the country you reside in.

We do not provide legal advice or representation

We are not a law firm. We do not provide legal representation or offer any form of legal advice, opinions, recommendations, referrals, or counseling. The information and content regarding legal matters provided by Us through Service are intended for private use only and should not be construed as legal advice. We do not assess the legal accuracy or sufficiency of any information You provide Us, formulate legal conclusions, offer opinions regarding Your choice of forms, or apply legal principles to the specifics of Your situation. Should You require legal advice for a particular issue, it is advisable to seek guidance from a licensed attorney.

Privacy Policy

What you should know about intellectual property laws

You should assume that everything You see or read on this Website is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except with the written consent of Incogni. When accessing the Website or using the Incogni Service, You agree to obey the law and to respect the intellectual property rights of others. Your use of the Website or Incogni Service is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

You undertake not to sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way. You shall not build a product using similar ideas, features, functions or graphics of the Incogni Service or copy any ideas, features, functions or graphics of the Service. You are forbidden from registration, adoption, or any other use of trademarks, trade names, symbols, or signs that are either identical or confusingly similar to any trademarks and / or signs owned by Us and/or Our affiliated companies.

Third party sites

Incogni may link to or be linked from other websites that are not maintained by, or related to, Incogni. Incogni does not endorse, and is not responsible for, the content of any of those third-party websites. You acknowledge that Incogni has not reviewed and does not endorse the content of all sites linked to this Website and is not responsible for the content or actions of any other sites linked to from this Website. We do not promise that the contents of any linked sites are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at Your own responsibility and You assume all responsibilities and consequences resulting from such reliance.

Limitations of liability

INCOGNI AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF YOUR USE OF THE SERVICE, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE WEBSITE OR OUR SERVICE, YOUR USE OF OR RELIANCE ON THE WEBSITE OR OUR SERVICE, INFORMATION OR MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You hereby agree to release Incogni, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed ("claims"), arising out of or in any way connected with Your use of this Website or Incogni Service.

Indemnification

You agree to indemnify, defend, and hold harmless Incogni, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Your access to or use of the Website or Incogni Service, Your violation of these Terms of Service, or Your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

Applicable law

If You have agreed to the Incogni Terms of Service (signed a contract) until October 1, 2023, Your contract is concluded with Surfshark B.V., a company incorporated in the Netherlands. If You have agreed to the Incogni Terms of Service on or after October 1, 2023, Your contract is concluded with Incogni Inc., a company incorporated in the United States of America. As of October 1, 2023 there are two legal entities that handle the contractual agreements with Incogni customers – Incogni Inc., a company established in the United States of America, and Surfshark B.V., a company established in the Netherlands. Both entities belong to Surfshark group of companies.

Terms of Service (Contract) concluded with Surfshark B.V. or Incogni Inc. until October 7, 2024, shall be construed in accordance with and governed by the laws of the Netherlands, without reference to to its conflict of laws principles. Terms of Service (Contract) concluded with Incogni Inc. on or after October 7, 2024, shall be governed by the laws of the State of California, without reference to its conflict of laws principles. Please note that these Terms of Service will not limit any consumer protection rights that You may be entitled to under the mandatory laws of your country of residence. You hereby irrevocably consent to the exclusive jurisdiction of the state courts of California for all disputes arising out of or relating to the use of the Website or the Incogni Service.

Online Dispute Resolution

Changes to the Terms of Service

We may change these Terms of Service from time to time. We will indicate on the Website any time these Terms of Service have been amended or updated. It is Your responsibility to review these Terms of Service periodically, and if at any time You find these Terms of Service unacceptable, You must immediately leave the Website and cease all use of the Service.

Contact us for any questions

Last updated: 07/10/2024

Program Overview

The Program is initiated by Incogni Inc. (‘Incogni’) and administered by Cello (Powerplay GmbH, Sumpfmeisenweg 3A, 81249 Munich) (‘Cello’).

The Program operates as follows:

Each Referrer will receive a unique referral link, accessible via the Program widget in their Incogni account dashboard. The Referrer is responsible for sharing this link with their personal network.

Eligibility

To participate in the Program, both the Referrer and the Referred Customer must meet the following criteria:

Incogni reserves the right to determine if the Referrer’s Incogni user account is valid based on the mentioned criteria. Referral links shared to or obtained through other sources (for example, posting to third-party websites) will not be honored. Also, the Referred Customer and the Referrer cannot be the same person (e.g., by using a different email address). Eligibility is limited to individuals only, the Program cannot be used by businesses (to professionally promote Incogni for business purposes, consider exploring our affiliate program at https://incogni.com/affiliate).

Employees of Incogni, its subsidiaries, affiliates, and parent companies are not eligible to participate.

Qualified Referral

A "Qualified Referral" is a referral that meets the following conditions:

Acceptance of a referral by Incogni as a Qualified Referral is based upon verification that the Referred Customer is legitimate (i.e., meets the requirements indicated in these Terms and complies with all applicable laws). Incogni reserves the right to not accept a referral for any reason at any time. We are not obligated to and will not release to the Referrer reasons why a referral has not been deemed a Qualified Referral.

Referral Reward

After a Qualified Referral is completed, the Referral Reward payment (“Referral Reward”) will be granted to the Referrer.

Restrictions

Referrals should only be used for personal and non-commercial purposes. The Program is meant only for referring people that are already in the Referrer’s network: friends, family, colleagues, and their networks. Therefore, referral links should not be published or distributed on commercial websites, any blogs or YouTube channels/videos, but only on the Referrer’s personal social media where their network can see the referral links. The Referrer is prohibited from “spamming” anyone with referral invitations. This includes mass texting, emailing, or messaging people they do not know or using automated systems/bots through any channel to distribute, post, or otherwise share the referral link.

The Referrer is prohibited from using any type of Pay per Click or any other paid advertising methods (including bidding on keywords and phrases containing the "Incogni" trademark, or variations or misspellings of the trademarked term on Pay per Click or Pay per Impression campaigns on search engines (Google, Yahoo, MSN, Ask, Bing or others)).

The Referrer is also not allowed to use the Incogni website(s) as a display URL in paid media ads and to direct-link or redirect to the Incogni website(s).

Fraudulent and Suspicious Behavior

Each Referrer must nonetheless comply with applicable law, including anti-spam and privacy laws. Referrers who do not comply with the law are obligated to indemnify Incogni and all of the released parties (as described below) against any liabilities, costs and expenses incurred as a result of such violation.

Incogni has a no-tolerance spam policy. Spam, bulk referrals, distribution to strangers, the use of purchased or harvested referral lists or other fraudulent promotion of the Program is prohibited. The Referrer must not engage in any misleading, deceptive, annoying, or harassing practices with respect to referrals or Program communications. Any attempts to use the Program in a questionable manner, or violation of these Terms or applicable laws, will be grounds for immediate exclusion from the Program or even termination of the user’s account.

Referrers may not enter with multiple or fake email addresses or accounts, use fictitious identities to participate in the Program or receive the Referral Reward. Incogni may prohibit the Referrer from participating in the Program or receiving the Referral Reward, in Incogni sole discretion, if Incogni determines that such Referrer is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair practices or violates these Terms in any way.

Privacy Notice

A unique referral link for the purpose of implementing and administering the Program will be created for each Incogni user. A unique link will be placed in the Program widget, which can be reached at the Incogni user’s account and will be associated with the specific user.

To track each Referrer’s referrals, determine eligibility for the Referral Reward and calculate it, Incogni will collect information about when the Referred Customer purchased a subscription (date), what the Referred Customer 's subscription status is, what Referral Reward the Referrer is entitled to, the number of Referred Customers (Referrer friends) subscribed, and the total amount of money earned. The legal basis for processing the above information for the purpose of implementing the Program is the contract (these Terms) with the Referrer and Referred Customer.

To facilitate and process the payment of Referral Rewards, Cello as the Service Provider (Data Processor) of Incogni will collect the Referrer’s personal information such as full name, bank account number, country, and payout (currency, sum) (depending on the chosen payout method). The Referrer will have to provide this information to Cello in the Program widget.

Indemnification and Liability Release

Except where prohibited, you agree to release and hold harmless Incogni and its respective parent companies, affiliates and subsidiaries, together with their respective employees and any person or entity associated with the production, operation or administration of the Program, from any and all damages, costs, expenses, claims or liabilities of any kind, including third–party claims, whether pending or threatened, including, without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the program or breach of these Terms.

INCOGNI DOES NOT MAKE ANY PROMISES OR COMMITMENTS ABOUT THE PROGRAM, SUCH AS THE SPECIFIC FUNCTION OF THE PROGRAM, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. TO THE EXTENT PERMITTED BY LAW, SURFSHARK EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED. IN NO EVENT SHALL SURFSHARK OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOST PROFITS OR LOST COMMISSIONS ON LOST SALES (WHETHER OR NOT INCOGNI HAS BEEN ADVISED OF SUCH LOSS OR DAMAGE), ARISING FROM THE PROGRAM OR THESE TERMS.

Program Changes

Incogni reserves the right to change, end, or pause the Program, in whole or in part, as well as any Referrer's or Referred Customer's ability to participate in the Program or receive Rewards at any time for any reason, including suspected fraud (including by either the Referrer and/or Referred Customer), abuse, or any violation of these Terms.

Contact Information

Last updated: 18/12/2024