General terms and conditions
For the use of the free service and for the subscription.
Draft version. This text has been prepared and is waiting for the operator to approve it. It is not yet legally binding.
1. Scope
These terms apply to the use of the website of Innovation care AG and to every subscription concluded through it. Differing terms of the customer apply only in so far as they have been acknowledged in writing.
2. Description of the service
The free check compares an email address that has been entered against known data breaches and reports back a rating. What is shown is a level and not the content of a breach; passwords or parts of them are never displayed.
The subscription monitors the registered addresses on an ongoing basis and gives notice when a monitored address appears in a newly disclosed data breach. The alert goes by SMS to the mobile number given; where the plan chosen provides for it, it also goes by email to the monitored address concerned. The scope depends on the plan chosen.
The underlying data comes from an external provider. That provider is named with the result.
3. What the service does not do
The service evaluates what is publicly known about data breaches or known through data partners. It can guarantee neither that a breach will become known, nor when it will become known; data breaches are regularly discovered only years after the intrusion, and many never become public.
A report with no findings is therefore not a confirmation that your data is safe. It says that the address does not appear in the data sets evaluated, and no more.
- A finding can disappear again later. Data sets are withdrawn, and the persons concerned can have themselves removed by the operator of the database. The same address can therefore be rated differently at different times.
- An address can appear in a breach at a service you never signed up to – because another provider passed your data on, because a service was renamed or taken over, or because someone signed you up without your knowledge.
- The service replaces neither your own care in handling credentials nor security advice.
4. Conclusion of the subscription
The order proceeds in these steps: you choose a plan, give your email address and your mobile number, and receive a summary with all the details and the price payable. In that summary you can still change every detail. The order is binding only once you submit the summary.
We confirm receipt of your order by email without delay.
The subscription comes into existence when both of the following are in place: you have verified your email address using the confirmation link sent to you, and the first payment has been completed successfully. Without a confirmed address and without a successful payment, no alerts are sent.
Confirming an address is at the same time consent to receive alert SMS at the mobile number given and – where the plan provides for email alerts – alerts at the confirmed address itself. No alert goes to an address that has not been confirmed.
5. Prices and billing
The prices shown on the pricing page at the time of ordering apply, from CHF 4.90 per month. The price stated is always the price actually payable in Swiss francs, including VAT. No further costs arise.
Billing is recurring and in advance, through the payment provider Payrexx. Card details are entered and processed there only.
If a payment does not arrive, the subscription is suspended after an unsuccessful retry. No alerts are sent while it is suspended.
6. Term, cancellation and withdrawal
The subscription runs monthly and renews tacitly for as long as it is not cancelled. It can be cancelled at any time to the end of the current billing period. Amounts already paid for a current period are not refunded pro rata.
For contracts concluded through a website, the law provides no right of withdrawal. The statutory right of withdrawal applies to doorstep transactions and to contracts concluded by telephone, not to an order placed on the web.
We can cancel the subscription with 30 days’ notice to the end of a billing period. In the event of a breach of section 9 we can cancel it without notice and block access.
7. Availability
The service is operated with customary care. Uninterrupted availability is not assured; maintenance work, faults at upstream providers and events outside our control may lead to interruptions.
The delivery of an SMS depends on the mobile network and on the SMS provider and cannot be guaranteed. The same holds for an alert by email: delivery, spam filtering and the mailbox are the recipient’s provider’s.
8. Alert messages
An alert – by SMS or by email – is the service owed under the contract and not advertising. Alerts contain no advertising, and the sender is identifiable.
We send promotional messages only with your consent, with a correct sender indication and always with a simple, free way to unsubscribe from them.
9. Obligations of users
- Only your own addresses, or addresses for which authorisation exists, may be registered for monitoring. Monitoring requires in every case the confirmation of the holder of the address.
- Results may not be used as a basis for decisions about other people, in particular not about employment, tenancy, creditworthiness or insurance cover.
- The service may not be used to harm another person or to compile information about them.
- Automated bulk queries, circumvention of the abuse brake and interference with operations are prohibited.
10. Insurance and password manager
In the plans that include cyber insurance or a password manager, those services are provided by a partner company. The corresponding contract comes into existence directly with that partner, and its terms apply.
We do not act as an insurer in this. The insurer alone is responsible for the scope, the cover and the handling of an insurance benefit.
11. Liability
For intent and gross negligence we are liable without limitation. An exclusion of that liability in advance would be void under the law in any case, and these terms do not attempt one.
For slight negligence our liability is excluded in so far as the law permits. Otherwise it is limited to the amount you paid for the subscription in the twelve months before the damaging event.
No liability is accepted for indirect damage or lost profit. The free service is provided without warranty.
12. Data protection
The processing of personal data is described in the privacy policy. It forms part of these terms.
13. Intellectual property
All rights in the website, in the software and in the content lie with the operator or with its licensors. Use of the service establishes no further rights in them.
14. Force majeure
Events outside our control – such as natural events, industrial action, official orders, large-scale network or power failures or the failure of an upstream provider – release us from the obligation to perform for their duration. If such an event lasts longer than 30 days, either side can cancel the subscription with effect from that date.
15. Other provisions
- Rights and obligations under this contract cannot be transferred to third parties without our consent. We may transfer the contract in the course of a takeover or a restructuring.
- Should a provision of these terms be ineffective, the remaining provisions are unaffected. The ineffective provision is replaced by what comes economically closest to its purpose.
- These terms and the privacy policy constitute the entire agreement between you and us concerning the service.
16. Changes to these terms
Changes are announced in text form at least 30 days before they take effect. If you do not object before they take effect, they are deemed accepted; alternatively you may cancel with effect from that date.
17. Applicable law and place of jurisdiction
Swiss law applies, excluding its conflict-of-laws rules and the Vienna Sales Convention.
If you are acting as a consumer, the statutory places of jurisdiction of the Swiss Code of Civil Procedure apply. These cannot be waived in advance, and these terms do not waive them.
Otherwise the place of jurisdiction is the registered seat of the operator.