Terms and Conditions

IIntroduction

These terms and conditions (the “Terms”) govern your (the “User”, “you”) access to and use of the website eraseforever.com (the “Site”) and constitute the agreement between the User and ENLAW SRL (“ENLAW”, “we”, “us”) exclusively with regard to the use of the Site. The provision of the services described on the Site is the subject of a separate contract, concluded as set out in Section V.

By accessing and using the Site you confirm that:

1. a)you have read, understood and accept these Terms;
2. b)you are at least 18 years old;
3. c)you have read the Privacy Policy and the Cookie Policy, available at eraseforever.com/privacy-policy and eraseforever.com/cookie-policy.

If you do not agree with these Terms, please do not use the Site.

IILegal information and Site operator

The Site is owned and operated by:

1. a)Company name: ENLAW SRL;
2. b)Tax identification number (CUI): 50711719;
3. c)Trade Register number: J2024031765004;
4. d)Registered office: Str. Alexandru Roman nr. 2F, Oradea, Bihor County, Romania;
5. e)E-mail: hello@eraseforever.com;
6. f)Telephone: +40 774 628 094.

“Erase Forever” is the trade name under which ENLAW SRL presents and provides the services described in Section III. The legal relationships regarding the use of the Site and, after the conclusion of the separate contract, the provision of the Services are established with ENLAW SRL.

IIIDescription of the Site and the Services

The Site presents the digital hygiene and online reputation services provided by ENLAW (the “Services”) and offers a form through which the User may submit links and a description of their situation for a preliminary assessment. Depending on the case, the Services include:

1. a)reviewing the results displayed by search engines (Google, Bing) for a search of a person's name and assessing the available options;
2. b)technical and administrative support for preparing and submitting, on the basis of the information provided by the client, requests for the removal of results from search engines (delisting), including by invoking the rights applicable under Article 17 of Regulation (EU) 2016/679 (the “GDPR”), as well as the administrative handling of subsequent correspondence with the search engine operator;
3. c)preparing and submitting, on the basis of the information and documents provided by the client, requests and notices to online platforms, hosting providers and publishers, including notices of allegedly illegal content through the mechanisms provided by Regulation (EU) 2022/2065 on a Single Market for Digital Services (the “DSA”) and, where the platform's procedures apply and the client is the rights holder or is authorised by the rights holder, copyright notices of the DMCA type;
4. d)non-contentious administrative steps, at the client's request: rectification requests addressed to publishers and petitions or complaints to the Romanian National Supervisory Authority for Personal Data Processing (“ANSPDCP”), to the extent that these do not constitute activities reserved to lawyers;
5. e)periodic monitoring of the results associated with the client's name, on a subscription basis.

The Services are provided only after the conclusion of the separate contract with the client, on the basis of the commercial terms communicated in advance and, where the step so requires, of a written power of attorney. Accessing the Site, submitting the form or accepting these Terms does not conclude the services contract and does not oblige ENLAW to accept a case.

IVNature of the Services. Limitations

ENLAW provides technical and administrative digital reputation management services and may submit, on the basis of the mandate granted by the client, requests to search engines, online platforms, publishers and authorities. ENLAW is not a form of practice of the legal profession, does not provide legal advice, legal assistance or legal representation and does not carry out other activities reserved to lawyers under Romanian Law no. 51/1995 or under the laws of any other jurisdiction. If a step requires individualised legal interpretation, representation in court or another activity reserved to lawyers, the client must instruct a lawyer.

Delisting a result from search engines does not delete the content from the source website. The effect of delisting is limited to searches made on the name of the data subject and, as a rule, to the European versions of the search engine; users searching from outside the European Union may continue to see the content. These limits are inherent to the procedure and do not constitute a failure to perform the Services.

The outcome of the steps taken depends on the assessment of the search engine operator, platform, publisher or authority addressed and on the circumstances of each case (the person's role, the nature and age of the content, the public interest). ENLAW does not guarantee any particular outcome. The specific commercial terms, including any refund guarantee for cases assessed as eligible, are set out exclusively in the offer and in the contract concluded with each client.

VPreliminary assessment and conclusion of the contract

Submitting the form on the Site constitutes a request for a preliminary assessment, free of charge and without obligation for the User. The preliminary assessment consists of a technical and administrative review of the links and of the situation described and of the communication of an indicative evaluation of the available options. The evaluation does not constitute legal advice, is not a guarantee and does not oblige ENLAW to provide the Services.

The contract for the Services is concluded separately from these Terms, by the client's express acceptance of the offer communicated by ENLAW, which specifies the scope, price, payment method, estimated duration and the other applicable conditions. Where the nature of the step so requires, the client also signs a power of attorney. No payments are made through the Site.

For the provision of the Services, the client provides the documents required to identify them before third parties (a copy of an identity document, the signed power of attorney) and, where applicable, the documents supporting the request (court decisions, criminal record certificate, other records). The client warrants that the information and documents provided are accurate and complete and that they are entitled to provide them.

VIConsumer rights

Where the separate contract for the Services is concluded at a distance with a client who is a consumer, Romanian Government Emergency Ordinance no. 34/2014 on consumer rights in contracts concluded with professionals, transposing Directive 2011/83/EU, applies, including the following rules:

1. a)the client has the right to withdraw from the distance contract within 14 days of its conclusion, without giving any reason, by an unequivocal statement sent to hello@eraseforever.com;
2. b)the provision of the Services during the withdrawal period begins only at the client's express request; if the client subsequently exercises the right of withdrawal, the client owes the proportionate amount provided by law for the Services provided until the withdrawal is communicated;
3. c)the right of withdrawal is lost after the full performance of the Services only if performance began with the client's prior express consent and after the client acknowledged that the right of withdrawal would be lost once the contract has been fully performed;
4. d)consumers may refer the matter to the Romanian National Authority for Consumer Protection, at anpc.ro, and may use the alternative dispute resolution mechanisms available in Romania. Consumers habitually resident in another EU Member State also benefit from the mandatory protections of the law of their country of residence. Nothing in the Terms or in the separate contract limits the mandatory rights granted to consumers by law.

VIIAccess and use

Access to the Site is free of charge. No account is required. Subject to compliance with the Terms, ENLAW grants the User a personal, non-exclusive, non-transferable and revocable licence to use the Site for information purposes and to submit assessment requests.

ENLAW may modify, suspend or discontinue the Site or any part of it, temporarily or permanently, without prior notice, without affecting contracts in progress.

VIIIIntellectual property

The elements of the Site in which ENLAW SRL or its licensors hold intellectual property rights, including texts, descriptions, graphic elements, structure, design and source code, are protected by law. Trade marks, names and materials belonging to third parties remain the property of their owners. Reproduction, distribution, modification or commercial use of the protected elements without the consent of the rights holder is prohibited, except for uses permitted by law. Quotation for information purposes is permitted within the limits of the law, with attribution.

IXUser content

By submitting links, descriptions, documents or other materials (“User Content”), the User represents that they are entitled to submit them and that they do not infringe the rights of third parties. The User retains the rights they hold in the User Content and grants ENLAW only a non-exclusive right to use it to the extent necessary for the preliminary assessment and, where applicable, the provision of the Services, in accordance with the Privacy Policy.

The User shall not submit through the Site content that is unlawful, defamatory, incites hatred or violence, infringes third-party rights or is unrelated to the Services. ENLAW may refuse to review requests that breach these rules.

XAcceptable use

The User shall not:

1. a)use the Site for unlawful purposes or in breach of the Terms;
2. b)attempt unauthorised access to the Site or to the servers or databases associated with it;
3. c)use automated tools (bots, scripts, scraping) to extract content;
4. d)transmit viruses or malicious code or interfere with the operation of the Site;
5. e)use the form to send unsolicited or false messages or messages on behalf of another person without authority;
6. f)request Services for the purpose of concealing information of public interest relating to the exercise of a public office or for the purpose of misleading authorities.

XIConfidentiality and discretion

ENLAW processes the information submitted by the User only for the purposes and under the conditions described in the Privacy Policy, available at eraseforever.com/privacy-policy. Depending on the request, the necessary information may be disclosed to the recipients involved in the step, such as search engines, platforms, publishers or authorities, in accordance with the law and the Privacy Policy. ENLAW treats the User's identity, the situation described and the documents submitted with discretion and does not disclose them to anyone other than the persons necessary for the step. Cases presented publicly by ENLAW for information purposes are anonymised.

XIICooperation with authorities

ENLAW reserves the right to restrict access for Users who breach the Terms. To the extent required by law, ENLAW cooperates with the competent authorities (ANSPDCP, ANPC, criminal investigation bodies, courts).

XIIISite security

The transmission of information over the internet involves security risks. Users should not send through the form or via messaging services documents containing sensitive data outside the framework agreed with ENLAW; the necessary documents will be requested and transmitted through the channel indicated by ENLAW.

XIVLinks and third-party tools

The Site may provide links to messaging services, social media accounts and other third-party websites. Their use is subject to the terms and policies of the respective providers. ENLAW does not control the content or practices of third-party websites and is not responsible for them, to the extent permitted by law.

XVWarranties and limitation of liability

The Site is provided “as is”. ENLAW uses reasonable efforts to keep the Site operational but does not warrant uninterrupted availability, the absence of errors or the completeness of the information published. The information on the Site is of a general nature and does not constitute legal advice or advice tailored to a specific case; the preliminary assessment and the Services have the limits set out in these Terms and in the separate contract.

To the extent permitted by law, ENLAW shall not be liable for indirect damage or for damage caused exclusively by the improper use of the Site, by information or materials provided by the User or by decisions taken exclusively on the basis of the general information published on the Site. This limitation does not apply to damage caused intentionally or by gross negligence and does not exclude or limit liability that cannot be excluded or limited under the law. Liability regarding the Services is governed by the separate contract, subject to the mandatory rights of consumers.

XVIIndemnity

To the extent permitted by law, the User is liable for the direct, certain and proven damage caused to ENLAW by a culpable breach of the Terms, by knowingly providing false information or documents or by submitting User Content without authority. The User shall indemnify ENLAW for amounts owed to third parties only to the extent that they result directly from such an act attributable to the User. This clause does not restrict the mandatory rights of consumers.

XVIIForce majeure

Neither party shall be liable for non-performance caused by a force majeure event within the meaning of Article 1351 of the Romanian Civil Code, including the unavailability of internet infrastructure or of third-party services on which the operation of the Site depends.

XVIIIChanges to the Terms

ENLAW may amend the Terms for the future, including to reflect legislative or technical changes or changes in the operation of the Site. The updated version will be published on the Site with the date of the last update and will apply to access and use after publication. Amendments have no retroactive effect and do not modify contracts for Services already concluded, which remain subject to the conditions accepted at their conclusion, except for changes required by law.

XIXSeverability

The Terms constitute the agreement regarding the use of the Site, without replacing the separate contract for the Services. The Privacy Policy describes the processing of personal data and does not form part of the contract for the Services. If any provision of the Terms is held invalid or unenforceable, the remaining provisions shall remain in force.

XXGoverning law and disputes

The Terms are governed by Romanian law, without depriving consumers of the protection afforded by the applicable mandatory rules. The parties will first seek to resolve any dispute amicably. Failing an amicable solution, disputes with Users who are not consumers shall be brought before the courts having jurisdiction over ENLAW's registered office. For consumers, jurisdiction is determined according to the applicable mandatory rules, and nothing in the Terms deprives them of the courts available to them under the law.

XXIPersonal data

Information on the processing of personal data in accordance with the applicable law is set out in the Privacy Policy, available at eraseforever.com/privacy-policy, and in the Cookie Policy, available at eraseforever.com/cookie-policy. These documents are for information purposes and do not form part of the separate contract for the Services.

XXIIContact

For any question regarding the Terms: ENLAW SRL, Str. Alexandru Roman nr. 2F, Oradea, Bihor County, Romania, e-mail hello@eraseforever.com, telephone +40 774 628 094.