Terms of service.

Definitions.

In these terms, capitalised words have the meanings set out below.

• “Nox Æterna”, “we”, “us” means Nox Æterna Ltd. for UK and EEA customers, and Nox Æterna Inc. for US customers, as set out in our Imprint.
• “Customer”, “you” means the natural person who has placed the order and whose data we are engaged to delete; or, in the Couple and Family tiers, the named individuals listed in the order.
• “Service” means the one-time data-deletion engagement described in §2.
• “Order” means a completed checkout under one of our published tiers, paid in full.
• “Broker” means any third-party data broker, people-search site, public-record reseller or address-aggregator we approach on your behalf.
• “Service Level” means the removal targets set out in §2.
• “Power of Attorney” means the limited, revocable authority described in §7.

The service.

The Service is a one-time, fully-automated engagement. You pay once. Within 90 days we issue erasure demands to the Brokers in our active list, monitor each response, re-issue where ignored, and email you a PDF report of the outcome. There is no subscription, no recurring charge, no account, and no login.

We do not promise 100 percent removal. Some Brokers stall, some refuse, a small number simply do not respond to lawful erasure requests. We will tell you which ones and we will keep trying for the duration of the engagement, but we cannot warrant a result we do not control. The Service Levels above are targets, not guarantees of a specific outcome for any specific Broker.

What we will, and will not, do.

To set expectations precisely, here is the full scope of the engagement.

Pricing & payment.

The fee for the Service is the published price for the tier you select at the time of Order. All prices are inclusive of VAT or applicable sales tax. The Sterling price is the contracting price for UK and EEA customers; the US Dollar price is the contracting price for US customers.

Payment is taken in full at the time of Order via Stripe. We accept all major debit and credit cards, Apple Pay and Google Pay. We do not accept cheques, bank transfers, gift cards, gift vouchers, or any form of credit-on-account.

We reserve the right to amend published prices on prospective Orders. A change in price will never apply to an Order that has already been paid.

Refunds.

Our refund policy is short on purpose, and it is fair on both sides.

• Full refund within 24 hours of Order, before identity verification has begun. No questions, no friction. Email hello@noxaeterna.com from the address on the Order and we will reverse the charge within two working days.
• Full refund if your identity verification fails through no act or omission of yours — for example if Veriff or Persona is unable to read your document, and you decline to retry with a different one.
• No refund once verification has succeeded and we have begun issuing erasure demands. At that point, the work has been performed; the result is in the hands of the Brokers, not us.
• No refund for partial removal results. The Service Levels in §2 are targets. If we fall materially short of them after 90 days, we will repeat the engagement at no charge for a further 90 days — this is the sole remedy for under-performance.

You exercise the statutory right of withdrawal under the Consumer Contracts Regulations 2013 by emailing the address above. Where UK consumer law conflicts with this section, UK consumer law prevails.

Customer obligations.

For us to do our job, you agree to the following.

1. The information you provide will be true, current and complete to the best of your knowledge. False or misleading information voids the Service and the Power of Attorney with immediate effect, without refund.
2. You have the legal authority to request erasure of every record we are engaged to remove — that is, the records relate to you, or to the named individual on whose behalf you are contracting (and in the case of a child, you hold parental authority).
3. You will produce a valid government-issued photographic identity document during verification: a UK / EEA / US passport, a UK / EEA driving licence, or a state-issued ID.
4. You will respond to any clarifying email from us within 14 days. If we receive no response, we will issue the engagement on the information we have; we will not chase indefinitely.
5. You will not use the Service to harass, stalk, defraud or impersonate any other person. Any attempt to do so will be reported to the relevant authorities and the Order will be voided.

Power of attorney.

Before we contact any Broker on your behalf, you sign a limited, revocable, purpose-bound power of attorney, witnessed electronically by SignWell. Its single function is to authorise Nox Æterna to issue, manage and confirm erasure demands under the UK Data Protection Act 2018, the UK GDPR, the EU GDPR and the CCPA, in your name, to data brokers and people-search sites.

The Power of Attorney does not authorise us to:

• Hold, transfer or move any of your money;
• Open, close or modify any of your accounts;
• Sign any other agreement on your behalf;
• Communicate with any party other than data brokers and search-indexers in connection with erasure.

It expires automatically 90 days after the final removal report is delivered, or at any earlier date on which you revoke it in writing to dpo@noxaeterna.com.

Limitation of liability.

The following limitations are an essential part of the bargain. The price of the Service reflects them. Please read carefully.

Subject to the paragraph above, our total aggregate liability to you in respect of any and all claims arising out of or in connection with the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the fee paid by you for the Order.

We are not liable for: (i) the failure of any Broker to act on a lawful erasure demand; (ii) the re-appearance of your data on a Broker site after removal, except to the extent the Re-scan add-on applies; (iii) the appearance of your data on any site not on our published Broker list; (iv) any loss of profit, loss of business, loss of opportunity or loss of reputation; or (v) any indirect or consequential loss.

You acknowledge that data brokers operate outside our control and that the only persons who can remove your data from a Broker's database are the Broker itself; we act as your authorised representative, not as their service-provider.

Termination.

Either party may terminate the engagement at any time by written notice. If you terminate after verification has succeeded, the consequences are as set out in §5 (no refund). If we terminate without cause, we will refund the proportion of the fee corresponding to work not yet performed.

We may terminate the engagement immediately, without refund, if:

• You have provided false or misleading information;
• You have used the Service to harass, stalk or defraud another person;
• You have failed to respond to a clarifying communication for 30 days;
• Continued performance would expose us to a serious legal or reputational risk.

Termination does not affect any rights and remedies that have accrued up to the date of termination, including the obligation to retain transaction metadata for the period set out in our Privacy Policy.

Force majeure.

We are not liable for any failure or delay in performance caused by events outside our reasonable control, including: acts of God, war, terrorism, civil disturbance, pandemic, governmental action, internet or telecommunications failure, broad failure of upstream identity providers, or sustained outage of a Broker's intake systems. In such cases, the timing obligations in §2 are extended by the duration of the event.

If a force-majeure event persists for more than 90 days, either party may terminate the engagement and we will refund the proportion of the fee corresponding to work not yet performed.

Governing law.

If you are resident in the United Kingdom or the European Economic Area, these terms are governed by the law of England & Wales, and the courts of England & Wales have non-exclusive jurisdiction. Nothing in this clause deprives a UK consumer of the protections of the consumer law of the place of habitual residence.

If you are resident in the United States, these terms are governed by the law of the State of Delaware, without regard to its conflict-of-laws provisions, and the state and federal courts located in New Castle County, Delaware have non-exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Dispute resolution.

If you are unhappy with any aspect of the Service, the first step is to contact us at hello@noxaeterna.com and give us 30 days to put it right. We take complaints seriously and we resolve almost all of them at this stage.

If we cannot reach agreement, UK and EEA consumers may refer the matter to the Online Dispute Resolution platform operated by the European Commission, or to any approved Alternative Dispute Resolution body, before commencing court proceedings. UK consumers may also approach the Citizens Advice consumer service.

US consumers may, at their option, submit the dispute to binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association, seated in Wilmington, Delaware, with each party bearing its own costs. Class arbitrations are not permitted.

Neither party will commence court proceedings until at least 30 days after written notice of the dispute, except for applications for urgent injunctive relief.