ScamNemesis — Privacy Policy (GDPR) & Terms of Service

Effective date: September 30, 2025  |  Version: 2.0  |  Controller: BLUE SHIFT TECHNOLOGY LLC

Part 1 — Privacy Policy (GDPR)

1. Introductory Provisions and Scope

1.1 Controller Identification

BLUE SHIFT TECHNOLOGY LLC (hereinafter "ScamNemesis," "we," "us," "our," or the "Company")
Registered address: 2125 BISCAYNE BLVD, MIAMI, FL 33137, USA
E-mail: info@scamnemesis.com

ScamNemesis operates the web platform scamnemesis.com (the "Platform," the "Service," or the "Website").

1.2 Nature of the Service and Core Principles

ScamNemesis.com is exclusively a community information platform (the "Community Platform") that functions as a:

  • Technology intermediary enabling user-to-user communications;
  • Hosting provider for user-generated content;
  • Passive service without active editorial control over user content; and
  • Tool for sharing information created by third parties.

IMPORTANT: ScamNemesis does not act as a publisher, editor, author, or verifier of content. We are solely a technological provider of infrastructure.

1.3 GDPR Applicability

This Policy applies to:

  • All users located in the European Union (EU);
  • Processing of personal data of EU citizens; and
  • Cross-border data processing,

in accordance with Regulation (EU) 2016/679 (GDPR) and related legislation.

1.4 US Law Compliance

As a US-based company, ScamNemesis operates in accordance with:

  • Federal laws of the United States;
  • Florida state laws;
  • Communications Decency Act Section 230;
  • Digital Millennium Copyright Act (DMCA); and
  • Other applicable US regulations.

2. Scope of Personal Data Collected

2.1 Data Provided Directly by Users

During MANDATORY REGISTRATION we collect:

Data Category Purpose of Processing Legal Basis
First and last name User identification Consent + Contract performance
E-mail address Communication, account verification Consent + Contract performance
Username System identification Consent + Contract performance
Password (hashed) Account security Consent + Contract performance
Country Service localization Legitimate interest
Preferred language Interface customization Legitimate interest
Profile picture (optional) Profile personalization Consent
Registration date Administrative purposes Legitimate interest

2.2 Optional Data Provided During Use

  • Posts, comments, reports on the Platform ("User Content");
  • Additional optional profile information; and
  • Attachments, links, and files uploaded by the user.

2.3 Automatically Collected Technical Data

Data Type Purpose Legal Basis
IP address Security, fraud prevention, analytics Legitimate interest
Browser type and version Service optimization Legitimate interest
Operating system Technical support, compatibility Legitimate interest
Device information Display optimization Legitimate interest
Timestamp of visit Activity monitoring, security Legitimate interest
Referral source (referrer URL) Marketing analysis Legitimate interest
Pages visited Traffic analysis Legitimate interest
Language preferences Localization Legitimate interest
Session ID Session maintenance Legitimate interest

3. Purposes and Legal Bases for Processing

3.1 Primary Processing Purposes

Processing Purpose Legal Basis (GDPR) Description
Account creation and management Article 6(1)(b) — Contract performance Enabling basic service functionality
Communication with users Article 6(1)(b) + (f) — Contract + Legitimate interest Notifications, support, updates
Security and fraud prevention Article 6(1)(f) — Legitimate interest Protection of platform integrity
Service improvement Article 6(1)(f) — Legitimate interest Analytics, optimization
Legal compliance Article 6(1)(c) — Legal obligation Response to legal requests, compliance with US and EU laws
Marketing (optional) Article 6(1)(a) — Consent Newsletter, promotional communications (opt-in)

3.2 Legitimate Interest Assessment

When we process data based on legitimate interest (Article 6(1)(f) GDPR), we balance our interests against your rights:

  • Security: Protecting users and platform from fraud, abuse, spam;
  • Analytics: Understanding usage patterns to improve service quality;
  • Technical optimization: Ensuring platform stability and performance; and
  • Business operations: Maintaining sustainable operations under US business law.

You may object to processing based on legitimate interest at any time by contacting info@scamnemesis.com.

4. Data Retention Periods

Data Category Retention Period Reason
Active account data Duration of account existence Service provision
Deleted account data 30 days (backups: up to 90 days) Technical necessity, recovery option
User content (posts, comments) Until user deletion or account closure Platform functionality
Server logs 90 days Security, technical troubleshooting
IP addresses 90 days (longer if legal dispute) Fraud prevention, security
Communication history (support) 3 years from last contact Support continuity, legal protection
Anonymized analytics data Indefinitely No personal data remains
Legal/compliance data As required by US law (typically 3-7 years) Legal obligation compliance

5. Data Sharing with Third Parties

5.1 General Principle — No Sale of Personal Data

WE DO NOT SELL, RENT, OR TRADE YOUR PERSONAL DATA.

5.2 Categories of Third Parties

Third Party Category Purpose Data Shared Legal Basis
Hosting providers Platform operation Technical data, user content Contract performance
Analytics (Google Analytics) Traffic analysis Anonymized usage data Consent + Legitimate interest
E-mail service providers Transactional e-mails E-mail address, name Contract performance
Cloud storage (backups) Data security Encrypted backups Legitimate interest
Payment processors Transactions (if applicable) Payment data Contract performance
Law enforcement / authorities Legal compliance As required by valid legal process Legal obligation

5.3 Data Processing Agreements

All third-party processors are bound by:

  • Data Processing Agreements (DPAs) compliant with GDPR Article 28;
  • Contractual obligations to protect data security;
  • Prohibition on unauthorized use or disclosure; and
  • Compliance with US data protection standards.

5.4 Disclosure to Authorities

We may disclose personal data if:

  • Required by valid US legal process (subpoena, court order, warrant);
  • Necessary to protect our legal rights or comply with legal obligations;
  • Required to prevent imminent harm, fraud, or illegal activity; or
  • Part of business transfer (merger, acquisition), subject to continued privacy protection.

We will notify affected users unless legally prohibited from doing so.

6. International Data Transfers

6.1 US-Based Operations

ScamNemesis is a US company with servers located in the United States. Your data is primarily stored and processed in the USA.

6.2 Transfers Outside the EU/EEA

For EU users, data transfers to the USA are protected by:

  • Standard Contractual Clauses (SCCs) approved by the European Commission;
  • Adequacy mechanisms where applicable under GDPR Article 45-46;
  • Additional safeguards including encryption, access controls, and audit procedures; and
  • Your explicit consent where necessary.

6.3 Your Rights Regarding Transfers

You may request:

  • Copies of applicable SCCs;
  • Information about safeguards in place; and
  • Details on third-country data locations.

Contact: info@scamnemesis.com

7. Personal Data Security

7.1 Technical Security Measures

  • Encryption: HTTPS/TLS for data transmission; AES-256 encryption for stored sensitive data;
  • Password Security: Bcrypt hashing (industry-standard); no plaintext password storage;
  • Access Controls: Role-based access; principle of least privilege;
  • Firewalls: Network security protection against unauthorized access;
  • Regular Updates: Security patches and software updates;
  • Intrusion Detection: Monitoring for suspicious activity; and
  • Backup Systems: Regular encrypted backups stored separately.

7.2 Organizational Security Measures

  • Employee access limited to authorized personnel only;
  • Confidentiality agreements for all personnel;
  • Security awareness training;
  • Incident response procedures;
  • Regular security audits; and
  • Compliance with US data security standards.

7.3 Data Breach Notification

In the event of a personal data breach, we will:

  • Notify affected users within 72 hours if required by GDPR;
  • Notify relevant supervisory authorities as required;
  • Provide information about the nature of the breach;
  • Describe measures taken to mitigate harm; and
  • Offer recommendations for user protection.

USER RESPONSIBILITY: You are responsible for maintaining the confidentiality of your account credentials. Do not share your password.

8. Data Subject Rights (GDPR)

8.1 Overview of Your Rights

Under GDPR, you have the following rights:

Right Description How to Exercise
Right of Access (Art. 15) Obtain confirmation and copy of your personal data Request via info@scamnemesis.com
Right to Rectification (Art. 16) Correct inaccurate or incomplete data Update in account settings or request via email
Right to Erasure (Art. 17) "Right to be forgotten" — delete your data Request account deletion via info@scamnemesis.com
Right to Restriction (Art. 18) Limit processing under certain conditions Request via email
Right to Portability (Art. 20) Receive your data in structured, machine-readable format Request export via info@scamnemesis.com
Right to Object (Art. 21) Object to processing based on legitimate interest Contact info@scamnemesis.com
Right to Withdraw Consent (Art. 7(3)) Revoke consent for processing Manage in account settings or via email
Right to Lodge Complaint (Art. 77) File complaint with supervisory authority Contact your national Data Protection Authority

8.2 Response Timeframe

We respond to requests within:

  • Standard: 30 days (1 calendar month) from receipt;
  • Complex cases: Up to 60 days (2 months) with notification of extension; and
  • Urgent cases: Prioritized handling.

8.3 Identity Verification

To protect your privacy, we may require identity verification before processing requests. This may include:

  • Confirmation via registered e-mail address;
  • Account authentication;
  • Additional documentation for sensitive requests; or
  • Two-factor authentication verification.

8.4 Limitations on Rights

Your rights may be limited when:

  • Processing is necessary for legal compliance;
  • Public interest or official authority exercise;
  • Establishment, exercise, or defense of legal claims;
  • Protection of rights of others; or
  • As required by US law.

9. Cookies and Tracking Technologies

9.1 What Are Cookies?

Cookies are small text files stored on your device when you visit our Platform. They help us provide and improve our services.

9.2 Types of Cookies We Use

Cookie Type Purpose Duration Required?
Strictly Necessary Login, security, session management Session / Up to 1 year Yes
Functional Language preferences, settings Up to 1 year No (Consent)
Analytics (Google Analytics) Usage statistics, traffic analysis Up to 2 years No (Consent)
Performance Speed optimization, error tracking Session / Up to 1 year No (Consent)

9.3 Google Analytics

We use Google Analytics to understand how users interact with our Platform. Google Analytics:

  • Collects anonymized/pseudonymized usage data;
  • Uses cookies to track sessions and behavior;
  • May share data with Google (subject to Google's privacy policy); and
  • Helps us improve user experience.

You can opt out of Google Analytics using browser settings or the Google Analytics Opt-out Browser Add-on.

9.4 Managing Cookies

You can control cookies through:

  • Browser Settings: Most browsers allow you to refuse or delete cookies;
  • Cookie Banner: Manage preferences when you first visit (if applicable);
  • Account Settings: Adjust preferences in your ScamNemesis account; or
  • Third-Party Opt-Outs: Use opt-out tools provided by Google and other services.

WARNING: Disabling strictly necessary cookies may prevent core Platform functionality.

10. Community Content — Extreme Disclaimer of Responsibility

⚠️ CRITICAL LEGAL NOTICE — READ CAREFULLY ⚠️

WE DO NOT VERIFY, ENDORSE, OR GUARANTEE THE ACCURACY, TRUTHFULNESS, OR LEGALITY OF ANY USER-GENERATED CONTENT.

10.1 Nature of Community Content

ScamNemesis is a hosting platform only. We provide technical infrastructure for users to:

  • Post reports about alleged scams;
  • Share opinions and experiences;
  • Comment on content created by others; and
  • Interact within the community.

10.2 No Editorial Control or Fact-Checking

ScamNemesis DOES NOT:

  • ✘ Verify the truth of user allegations;
  • ✘ Investigate claims before publication;
  • ✘ Act as a publisher, editor, or journalist;
  • ✘ Endorse any specific content or opinion;
  • ✘ Guarantee accuracy of information;
  • ✘ Conduct background checks on users;
  • ✘ Mediate disputes between users;
  • ✘ Provide legal advice or opinions;
  • ✘ Assume responsibility for user conduct; or
  • ✘ Monitor content proactively (except for automated moderation of prohibited content).

10.3 Legal Protection Under US Law

ScamNemesis operates under the protections of:

  • 47 U.S.C. § 230 (Communications Decency Act, Section 230): We are not treated as the publisher or speaker of user-generated content;
  • DMCA Safe Harbor (17 U.S.C. § 512): We are a service provider protected from copyright liability when following proper procedures; and
  • First Amendment Principles: We support free speech while respecting legal boundaries.

10.4 User Responsibility and Liability

YOU ARE 100% RESPONSIBLE for all content you post, including:

  • Accuracy and truthfulness of statements;
  • Compliance with applicable laws;
  • Respect for third-party rights (defamation, privacy, IP);
  • Consequences of false or harmful allegations;
  • Legal liability for defamation, libel, slander;
  • Defense against legal claims arising from your content; and
  • Indemnification of ScamNemesis for damages caused by your content.

10.5 Notice and Takedown Procedure

If you believe content violates your rights or applicable law:

  1. Send Notice to: support@scamnemesis.com
  2. Include: Your contact information, specific content URL, legal basis for removal, declaration under penalty of perjury (if required by law);
  3. Review: We review notices within 5-10 business days;
  4. Action: We may remove, restrict, or leave content based on legal assessment;
  5. Notification: Affected users may be notified of takedown requests; and
  6. Counter-Notice: Users may submit counter-notices under applicable law.

For DMCA Copyright Claims: Follow specific DMCA procedure outlined in Section 12.

10.6 No Guarantee of Removal

We reserve the right to:

  • Assess each request independently;
  • Reject removal requests that lack legal merit;
  • Require court orders for removal in disputed cases;
  • Restore content if counter-evidence is provided; and
  • Balance free speech rights with legal obligations.

10.7 Recommended User Practices

To minimize legal risk when posting:

  • ✓ Base reports on personal experience;
  • ✓ Include evidence/documentation when possible;
  • ✓ Use factual language rather than inflammatory rhetoric;
  • ✓ Distinguish between facts and opinions;
  • ✓ Avoid false statements;
  • ✓ Respect privacy rights;
  • ✓ Consult a lawyer for serious allegations; and
  • ✓ Be prepared to defend your statements.

11. Liability Limitations

⚠️ MAXIMUM LIABILITY: USD 100 ⚠️

TO THE FULLEST EXTENT PERMITTED BY US LAW, SCAMNEMESIS'S TOTAL LIABILITY SHALL NOT EXCEED USD 100.

11.1 "AS IS" Service Provision

The Platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, including but not limited to:

  • ✘ Merchantability;
  • ✘ Fitness for a particular purpose;
  • ✘ Non-infringement;
  • ✘ Accuracy or reliability of content;
  • ✘ Uninterrupted or error-free operation;
  • ✘ Security from unauthorized access;
  • ✘ Freedom from viruses or harmful code; or
  • ✘ Availability at all times.

11.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY US LAW, ScamNemesis is NOT LIABLE for:

  • Indirect, incidental, special, consequential, or punitive damages;
  • Loss of profits, revenue, data, or business opportunities;
  • Reputational harm;
  • Personal injury or emotional distress;
  • Third-party claims;
  • Costs of procurement of substitute services;
  • Damages arising from user content or conduct;
  • Reliance on Platform content; or
  • Any damages exceeding USD 100 in total.

11.3 User Assumption of Risk

By using the Platform, you acknowledge and agree that:

  • You use the Service at your own risk;
  • You are responsible for evaluating content accuracy;
  • You assume all risks associated with user interactions;
  • You are solely responsible for your content and conduct;
  • You will not hold ScamNemesis responsible for third-party actions; and
  • You understand the limitations of our liability.

11.4 Jurisdictional Variations

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability. In such cases:

  • Limitations apply to the maximum extent permitted by law;
  • Mandatory consumer protections remain in effect; and
  • Specific provisions may be adjusted to comply with local law.

12. DMCA Copyright Policy

12.1 Designated Copyright Agent

For DMCA notices under 17 U.S.C. § 512(c), contact:

DMCA Copyright Agent
BLUE SHIFT TECHNOLOGY LLC
2125 BISCAYNE BLVD
MIAMI, FL 33137, USA
E-mail: support@scamnemesis.com (Subject: "DMCA Notice")

12.2 DMCA Notice Requirements

Valid DMCA notices must include:

  1. Physical or electronic signature of copyright owner or authorized agent;
  2. Identification of copyrighted work claimed to be infringed;
  3. Identification of infringing material with sufficient detail (URL/location);
  4. Contact information (address, phone, e-mail);
  5. Statement of good faith belief that use is unauthorized;
  6. Statement that information is accurate; and
  7. Declaration under penalty of perjury that you are authorized to act on behalf of the copyright owner.

12.3 DMCA Counter-Notice

If your content was removed due to DMCA notice, you may submit a counter-notice including:

  1. Your physical or electronic signature;
  2. Identification of removed material and its prior location;
  3. Statement under penalty of perjury that material was removed by mistake or misidentification;
  4. Your name, address, phone number; and
  5. Consent to jurisdiction of US Federal District Court and acceptance of service of process.

12.4 Repeat Infringer Policy

ScamNemesis will terminate accounts of repeat copyright infringers in accordance with DMCA requirements and US copyright law.

13. Automatic Consent Upon Registration

BY COMPLETING REGISTRATION, you automatically and irrevocably consent to:

  • Processing of your personal data as described in this Policy;
  • Terms of Service (Part 2 of this document);
  • Use of cookies and tracking technologies;
  • International data transfers (including to the USA);
  • Electronic communications and notices;
  • Liability limitations (USD 100 maximum);
  • Dispute resolution procedures;
  • US law as governing law; and
  • All other provisions of this document.

14. Minors and Child Protection

14.1 Minimum Age Requirement

MINIMUM AGE: 16 YEARS
The Service is NOT intended for children under 16. We do not knowingly collect data from children under 16.

14.2 Parental Consent (Ages 16-18 in Some Jurisdictions)

Users aged 16-18 may require parental consent in certain jurisdictions. By registering, you confirm:

  • You meet the minimum age requirement;
  • You have obtained parental/guardian consent if required by applicable law; and
  • You have legal capacity to enter this agreement.

14.3 Discovery of Underage Users

If we discover that a user is under 16, we will:

  • Immediately terminate the account;
  • Delete all personal data where possible;
  • Notify parents/guardians if contact information is available; and
  • Comply with applicable child protection laws (US COPPA, GDPR Art. 8, etc.).

14.4 Reporting Underage Users

If you know or suspect that a user is under 16, report to: support@scamnemesis.com

15. Changes to This Policy

15.1 Right to Modify

We reserve the right to update this Privacy Policy at any time to reflect:

  • Changes in legal requirements;
  • Service improvements or modifications;
  • New data processing activities;
  • Changes in third-party processors; or
  • Best practice updates.

15.2 Notification of Changes

We will notify you of material changes by:

  • E-mail notification to your registered address (30 days before effectiveness);
  • Prominent notice on the Platform;
  • Pop-up notification upon next login; and
  • Updated version number and effective date.

15.3 Continued Use = Consent

IMPORTANT: Your continued use of the Platform after changes become effective constitutes acceptance of the updated Policy. If you do not agree, you must stop using the Service and may request account deletion.

15.4 Version History

Previous versions are archived at: scamnemesis.com/privacy/history

16. Contact Information and Data Protection Officer

16.1 General Contact

BLUE SHIFT TECHNOLOGY LLC
2125 BISCAYNE BLVD
MIAMI, FL 33137
United States of America

General inquiries: info@scamnemesis.com
Support: support@scamnemesis.com
GDPR/Privacy: info@scamnemesis.com
DMCA/Copyright: support@scamnemesis.com

16.2 Data Protection Officer (If Appointed)

If we appoint a Data Protection Officer (DPO), contact information will be provided here and via info@scamnemesis.com.

16.3 EU Representative (If Required)

Under GDPR Article 27, if applicable, we will designate an EU representative. Current status and contact: Available via info@scamnemesis.com.

16.4 Supervisory Authority

If you are an EU resident, you have the right to lodge a complaint with your national Data Protection Authority. Find your authority at: https://edpb.europa.eu/about-edpb/board/members_en

17. Definitions and Terminology (GDPR)

Term Definition
Personal Data Any information relating to an identified or identifiable natural person
Data Subject The individual to whom personal data relates (you, the user)
Controller Entity determining purposes and means of processing (ScamNemesis)
Processor Entity processing data on behalf of the controller (our service providers)
Processing Any operation on data: collection, storage, use, disclosure, erasure, etc.
Consent Freely given, specific, informed, unambiguous indication of agreement
Legitimate Interest Legal basis for processing when balanced against data subject rights
Data Breach Security incident leading to accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access to personal data

Part 2 — Terms of Service (General Terms and Conditions)

Effective date: September 30, 2025  |  Version: 2.0

1. Contracting Parties and Subject Matter

1.1 Provider

BLUE SHIFT TECHNOLOGY LLC
Registered address: 2125 BISCAYNE BLVD, MIAMI, FL 33137, USA
Operating as: ScamNemesis
Website: scamnemesis.com
E-mail: info@scamnemesis.com

1.2 User (You)

Any individual who registers for and uses the ScamNemesis Platform.

1.3 Subject of Contract

These Terms govern:

  • Access to and use of the ScamNemesis Platform;
  • Rights and obligations of both parties;
  • Liability limitations and risk allocation;
  • Dispute resolution procedures; and
  • All related legal relationships.

1.4 Binding Agreement

By registering, you enter into a legally binding contract with ScamNemesis under US law. You confirm you have read, understood, and agree to be bound by these Terms.

2. Account and Registration

2.1 Account Creation

To use the Platform, you must create an account by providing:

  • Accurate, complete, and current information;
  • Valid e-mail address;
  • Secure password;
  • Confirmation that you are at least 16 years old; and
  • Acceptance of these Terms and the Privacy Policy.

2.2 Account Security

YOU ARE SOLELY RESPONSIBLE for:

  • Maintaining confidentiality of your password;
  • All activities under your account;
  • Notifying us immediately of unauthorized access;
  • Logging out after each session (shared/public computers); and
  • Using strong, unique passwords.

We are NOT liable for losses due to unauthorized use of your account.

2.3 One Account Per Person

Each person may maintain only ONE active account. Multiple accounts by the same person are prohibited and may result in termination of all accounts.

2.4 Account Suspension or Termination

We may suspend or terminate your account if:

  • You violate these Terms;
  • You provide false or misleading information;
  • You engage in prohibited conduct (see Section 3);
  • Your account is used for illegal activities;
  • We are required to do so by law; or
  • At our discretion for legitimate business reasons.

We will provide notice when possible, but may terminate immediately without notice in serious cases.

2.5 Voluntary Account Deletion

You may delete your account at any time by contacting support@scamnemesis.com. Data retention follows the Privacy Policy (Part 1, Section 4).

3. User Content and Responsibility

3.1 Definition of User Content

"User Content" includes all text, images, links, files, reports, comments, messages, and other materials you post, upload, or share on the Platform.

3.2 Your Warranties Regarding Content

By posting content, you represent and warrant that:

  • You own or have necessary rights to the content;
  • Content does not violate third-party rights (copyright, trademark, privacy, defamation);
  • Content complies with applicable US laws and regulations;
  • Content is not false, misleading, or fraudulent;
  • Content does not contain malware, viruses, or harmful code;
  • You are authorized to post the content; and
  • You accept full responsibility for the content.

3.3 Prohibited Content

You may NOT post content that:

  • Is illegal under US law;
  • Promotes violence, terrorism, or hate speech;
  • Contains child sexual abuse material (CSAM);
  • Harasses, threatens, or intimidates individuals;
  • Violates privacy rights (doxxing, unauthorized personal data);
  • Infringes intellectual property;
  • Is spam, scam, or phishing;
  • Contains malware or exploits;
  • Impersonates others;
  • Sexually explicit or pornographic (outside allowed discussions);
  • Promotes illegal drugs or activities; or
  • Violates these Terms or applicable law.

3.4 License Grant to ScamNemesis

By posting content, you grant ScamNemesis a:

  • Worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, distribute, prepare derivative works, display, and perform your content in connection with the Platform;
  • This license includes technical operations (hosting, caching, backups);
  • License ends when you delete content, subject to technical delays (up to 30 days for caches/backups); and
  • You retain ownership of your content.

3.5 Public Nature of Content

WARNING: All content posted on the Platform is PUBLIC and visible to anyone on the internet. Do NOT post sensitive personal information, confidential data, or anything you want to keep private.

3.6 Content Moderation

We reserve the right (but have no obligation) to:

  • Monitor, review, or moderate content;
  • Remove or restrict content that violates these Terms;
  • Take action against users who violate these Terms;
  • Cooperate with law enforcement; and
  • Preserve content for legal proceedings.

Content removal does NOT waive any of our rights or defenses.

3.7 Your Liability for Content

YOU ARE SOLELY LIABLE for all content you post. This includes liability for:

  • Defamation, libel, slander;
  • Copyright or trademark infringement;
  • Privacy violations;
  • False statements or fraud;
  • Any legal claims arising from your content; and
  • Costs and damages we incur due to your content (see Section 7 — Indemnification).

4. Intellectual Property Protection

4.1 ScamNemesis Intellectual Property

The Platform, including all software, designs, text, graphics, logos, trademarks, and other content ("ScamNemesis Content"), is owned by or licensed to ScamNemesis and protected by:

  • US copyright law (17 U.S.C.);
  • US trademark law (15 U.S.C.);
  • International intellectual property treaties; and
  • Other applicable laws.

4.2 License to Use Platform

We grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Access and use the Platform for personal, non-commercial purposes;
  • View and interact with content; and
  • Create an account and post your own content.

This license does NOT permit you to:

  • ✘ Copy, modify, or create derivative works;
  • ✘ Reverse engineer, decompile, or disassemble;
  • ✘ Scrape, crawl, or data mine (except search engines with permission);
  • ✘ Remove copyright or trademark notices;
  • ✘ Use automated systems to access the Platform;
  • ✘ Sell, rent, or sublicense access; or
  • ✘ Use for commercial purposes without our written permission.

4.3 Trademarks

"ScamNemesis" and associated logos are trademarks of BLUE SHIFT TECHNOLOGY LLC. Unauthorized use is prohibited.

4.4 DMCA and Copyright Claims

See Part 1, Section 12 for DMCA procedures.

5. Contract Termination

5.1 Termination by User

You may terminate this contract at any time by:

Termination is effective immediately, subject to data retention policies (see Privacy Policy, Section 4).

5.2 Termination by ScamNemesis

We may terminate or suspend your account and access:

  • With notice: For material breach of these Terms (e.g., repeated violations), with 14 days' notice to remedy;
  • Immediately without notice: For serious violations (illegal activity, CSAM, severe harassment, security threats, fraud), account compromise, or non-payment (if applicable); or
  • Operational reasons: If we cease operations, with 60 days' notice.

5.3 Effects of Termination

Upon termination:

  • Your right to access the Platform ends immediately;
  • Your account and content may be deleted (subject to legal retention);
  • Licenses you granted to ScamNemesis for your content end (subject to 30-day technical delay);
  • Provisions that by nature should survive (liability limits, indemnities, governing law, arbitration, IP rights) remain in effect; and
  • No refunds are provided for termination (if applicable).

5.4 Data Export Before Termination

Before deleting your account, you may request a copy of your data via info@scamnemesis.com (see Privacy Policy, Section 8 — Right to Data Portability).

6. Disclaimers and Exclusion of Liability

⚠️ CRITICAL LEGAL NOTICE ⚠️

THIS SECTION LIMITS OUR LIABILITY. READ CAREFULLY.

6.1 Platform Provided "AS IS"

The Platform is provided "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS." To the fullest extent permitted by US law, we disclaim all warranties, including:

  • ✘ Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
  • ✘ Warranties regarding accuracy, reliability, or completeness of content;
  • ✘ Warranties of uninterrupted, timely, secure, or error-free operation;
  • ✘ Warranties that defects will be corrected;
  • ✘ Warranties regarding freedom from viruses or harmful components; and
  • ✘ Any warranties arising from course of dealing or usage of trade.

6.2 No Endorsement of User Content

ScamNemesis does NOT:

  • ✘ Endorse, verify, or guarantee any user content;
  • ✘ Vouch for truthfulness of allegations;
  • ✘ Mediate or resolve disputes between users;
  • ✘ Provide legal, financial, or professional advice;
  • ✘ Guarantee results from using the Platform; or
  • ✘ Assume responsibility for user conduct.

6.3 Your Responsibility to Verify Information

YOU ARE RESPONSIBLE for:

  • Evaluating accuracy and reliability of all content;
  • Conducting independent research;
  • Making informed decisions;
  • Seeking professional advice when appropriate; and
  • Not relying solely on Platform content for important decisions.

6.4 Third-Party Links and Services

The Platform may contain links to third-party websites or services. We are NOT responsible for:

  • Content, privacy practices, or terms of third-party sites;
  • Accuracy or reliability of external information;
  • Damages arising from third-party interactions; or
  • Availability or security of external services.

Links do NOT imply endorsement. Use third-party services at your own risk.

6.5 Technical Issues and Downtime

We do NOT guarantee the Platform will be available at all times. We are NOT liable for:

  • Scheduled or unscheduled downtime;
  • Server errors or failures;
  • Internet connectivity issues;
  • Data loss (maintain your own backups);
  • Compatibility issues with your device/browser; or
  • Force majeure events (see Section 10.9).

7. Limitation of Liability and Indemnification

⚠️ MAXIMUM LIABILITY: USD 100 ⚠️

TO THE FULLEST EXTENT PERMITTED BY US LAW, SCAMNEMESIS'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED USD 100.

7.1 Cap on Liability

Our total liability to you for all claims arising from or related to:

  • Use of the Platform;
  • These Terms;
  • Your account;
  • User content;
  • Data processing;
  • Privacy breaches;
  • Service interruptions; or
  • Any other matter,

SHALL NOT EXCEED USD 100 (one hundred US dollars) in aggregate.

7.2 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY US LAW, we are NOT liable for:

  • Indirect, incidental, special, consequential, exemplary, or punitive damages;
  • Loss of profits, revenue, or business opportunities;
  • Loss of data, information, or content;
  • Loss of goodwill or reputation;
  • Cost of substitute services;
  • Personal injury (physical or emotional);
  • Property damage;
  • Third-party claims;
  • Reliance on Platform content; or
  • Any damages arising from user conduct or content,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.3 Basis of the Bargain

These limitations reflect the allocation of risk between you and ScamNemesis. The Platform is provided free of charge (subject to future paid features), and these limitations are an essential basis of our agreement. Without these limitations, we could not provide the Service.

7.4 Indemnification by You

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ScamNemesis, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of the Platform;
  • Your User Content;
  • Your violation of these Terms;
  • Your violation of any third-party rights (including IP, privacy, defamation);
  • Your violation of applicable laws;
  • Claims by third parties arising from your content or conduct;
  • Unauthorized use of your account (if due to your negligence); or
  • Any misrepresentation made by you.

This indemnification obligation survives termination of your account and these Terms.

7.5 Defense and Settlement

If we face a claim subject to your indemnification:

  • We will notify you reasonably promptly;
  • We may participate in defense at our expense;
  • You may not settle without our written consent; and
  • You will reimburse us for all costs and damages.

7.6 Exceptions to Limitations

These limitations do NOT apply where prohibited by applicable law, including:

  • Liability for death or personal injury caused by our gross negligence or willful misconduct;
  • Fraud or fraudulent misrepresentation;
  • Violations that cannot be limited under mandatory consumer protection laws; or
  • Other liabilities that cannot be excluded under US law.

In such cases, liability is limited to the minimum required by law.

8. Payment Terms and Financial Conditions

8.1 Current Status — Free Service

ScamNemesis is currently FREE to use. No payment is required for core features.

8.2 Future Paid Features

We reserve the right to introduce paid features, subscriptions, or premium services in the future. If we do:

  • We will provide clear notice before implementation (at least 60 days);
  • Core community features will remain free;
  • Pricing and payment terms will be clearly disclosed;
  • Existing users will have the option to continue with free tier or upgrade;
  • Payment processors will comply with PCI-DSS standards; and
  • Refund policies will be specified at the time of introduction.

8.3 No Refunds (If Applicable)

If paid features are introduced:

  • All payments are non-refundable unless required by applicable US law or consumer protection regulations;
  • No refunds for partial months/periods;
  • No refunds for account termination (unless due to our breach);
  • Exceptions may be made at our sole discretion; and
  • Statutory rights (where applicable) are not affected.

8.4 Taxes

If paid services are introduced, you are responsible for all applicable taxes (sales, use, VAT, GST) unless we are legally required to collect them.

8.5 Payment Processing

Payment processing (if applicable) will be handled by third-party processors (e.g., Stripe, PayPal). You agree to their terms of service. We do not store full credit card information.

9. Dispute Resolution and Governing Law

9.1 Governing Law

These Terms are governed by the laws of the State of Florida and the United States of America, without regard to conflict of law principles.

9.2 Jurisdiction and Venue

For US-based users:

  • Exclusive jurisdiction: Federal and state courts located in Miami-Dade County, Florida, USA;
  • You consent to personal jurisdiction in these courts; and
  • You waive any objections to venue or forum non conveniens.

For EU-based users:

  • Disputes may be brought in courts of Miami-Dade County, Florida, OR in courts of your domicile (as permitted by EU consumer protection regulations);
  • Mandatory consumer rights under EU law remain applicable; and
  • You may also use EU Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

9.3 Arbitration Agreement (Optional for Users)

For disputes under USD 10,000:

  • Parties may agree to binding arbitration under the American Arbitration Association (AAA) Consumer Arbitration Rules;
  • Arbitration in English, conducted remotely or in Miami, Florida;
  • Each party bears own costs;
  • Arbitration is optional — you may still pursue court remedies; and
  • Small claims court remains available.

9.4 Class Action Waiver

TO THE EXTENT PERMITTED BY US LAW, you waive the right to participate in class actions, class arbitrations, or representative proceedings. Disputes must be resolved individually.

Exception: This waiver does NOT apply where prohibited by law, including certain EU consumer protection laws.

9.5 Informal Dispute Resolution

Before filing a lawsuit or arbitration, you agree to attempt informal resolution by contacting:

info@scamnemesis.com with subject line "Legal Dispute"

We will respond within 30 days and attempt good-faith negotiation for 60 days.

9.6 Statute of Limitations

Claims must be filed within:

  • 1 year from when the claim arose (or when you knew or should have known of the claim); or
  • As required by applicable mandatory law (whichever is longer).

9.7 No Waiver of Consumer Rights

If you are a consumer in the EU or other jurisdiction with mandatory consumer protection laws:

  • These dispute resolution provisions do not waive rights you cannot waive under applicable law;
  • You retain all statutory rights;
  • Local consumer protection agencies remain available; and
  • If any provision conflicts with mandatory law, that provision is modified to the minimum extent necessary.

10. Final Provisions

10.1 Entire Agreement

These Terms, together with the Privacy Policy (Part 1), constitute the entire agreement between you and ScamNemesis regarding use of the Platform, superseding all prior agreements, representations, warranties, and understandings.

10.2 Amendments

We may modify these Terms at any time. Material changes will be notified via:

  • E-mail to your registered address (30 days before effectiveness);
  • Prominent notice on the Platform;
  • Pop-up notification upon login; and
  • Updated version number and effective date.

IMPORTANT: Continued use after changes become effective = acceptance. If you disagree, stop using the Service and delete your account.

10.3 Severability

If any provision is found invalid, illegal, or unenforceable:

  • That provision will be modified to be valid and enforceable to the maximum extent;
  • All other provisions remain in full force and effect; and
  • The invalid provision will be replaced with a valid one that most closely reflects our intent.

10.4 Waiver

Failure to enforce any provision does NOT constitute a waiver of:

  • That provision;
  • Future enforcement of that provision; or
  • Enforcement of any other provision.

Any waiver must be in writing and signed by ScamNemesis.

10.5 Assignment

You may NOT assign or transfer your rights or obligations under these Terms without our written consent. We may freely assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets. Any unauthorized assignment is void.

10.6 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship between you and ScamNemesis. You are an independent user.

10.7 Third-Party Rights

These Terms confer no rights on third parties unless expressly stated or required by law.

10.8 Survival

Sections on liability limits, indemnities, licenses (for up to 30 days after deletion for cache/backups), governing law, jurisdiction/arbitration, waivers, assignment, and confidentiality survive termination.

10.9 Force Majeure

No liability for failures due to events beyond control (natural disasters, wars, governmental acts, technological catastrophes, labor conflicts) subject to prompt notice, mitigation, and 90-day termination option.

10.10 Notices

Official notices by e-mail to your registered address (deemed delivered after 24 hours), in-app notices, public notices, or postal mail in exceptional cases. Your notices to us by e-mail: info@scamnemesis.com, support@scamnemesis.com. Keep copies and request acknowledgments for legal matters.

10.11 Electronic Communication (E-Signatures)

You consent to electronic contracts, signatures (click "I Agree"), notices, and documents, valid under eIDAS (EU 910/2014) and US ESIGN Act.

10.12 Final Acknowledgment

By registering you confirm you read and understood the entire document (Part 1 + Part 2), agree to all provisions, have capacity, provided truthful information, accept risks and liability limits, and undertake to comply and indemnify ScamNemesis as applicable.

10.13 Version and Effectiveness

Effective: September 30, 2025 — Version 2.0 — superseding all prior versions (v1.0 January 1, 2025; v2.0 September 30, 2025). Archive: scamnemesis.com/terms/history. Existing users received e-mail notice; 60-day review; continued use = consent; optional account deletion without penalties.

10.14 Legal Contact

BLUE SHIFT TECHNOLOGY LLC — Legal Department
2125 BISCAYNE BLVD, MIAMI, FL 33137, USA
E-mail: info@scamnemesis.com

Part 3 — Signatures and Confirmations

Registration Confirmation

By completing registration electronically you confirm that you read and understood the entire document (Part 1: GDPR Policy + Part 2: Terms of Service), agree to all provisions without reservations, undertake to comply, accept all risks and liability limitations, and form a legally binding contract with ScamNemesis.

Electronic User Signature

Your electronic signature is provided by clicking "I Agree & Register," legally binding under eIDAS (EU 910/2014) and US ESIGN Act.

Date of consent: [Automatically recorded upon registration]
IP address: [Recorded for security purposes]
Time: [UTC timestamp]

Annexes

Annex A: Definitions (included in Part 1, Section 17).
Annex B: Contact information (see Part 1, Section 16.1 and Part 2, Section 10.14).

User Notes — Critical Information

  1. You are 100% responsible for your content. We do not verify truthfulness; you can be sued; you must indemnify us if we are sued due to your content.
  2. Our liability cap = USD 100. Platform is "AS IS"; use at your own risk.
  3. Free of charge — subject to change. We may add paid features; core remains free.
  4. US law governs. Florida state law and US federal law apply; courts in Miami-Dade County, Florida have jurisdiction (EU users may also pursue remedies in their domicile); GDPR fully applicable for EU users; consumer rights protected.
  5. No monitoring of content. We host; we respond to notices; we do not fact-check.

Need Help?

Support: support@scamnemesis.com
GDPR/Privacy: info@scamnemesis.com

Pre-Registration Checklist

  • ✓ I am at least 16 years old;
  • ✓ I read the GDPR Policy (Part 1);
  • ✓ I read the Terms of Service (Part 2);
  • ✓ I understand I am responsible for my content;
  • ✓ I understand the USD 100 liability cap;
  • ✓ I accept US law (Florida and federal) as governing law;
  • ✓ I consent to cookies and Google Analytics;
  • ✓ My provided data are truthful; and
  • ✓ I will comply with the Terms.

End of Document
Total length: ~60 pages
Last update: September 30, 2025
Effective: September 30, 2025
Version: 2.0
Language: English
© 2025 BLUE SHIFT TECHNOLOGY LLC. All rights reserved. ScamNemesis® is a registered trademark.

Legal Framework Summary

Applicable Laws and Regulations

Legal Framework Scope
Florida State Law General business operations, contracts
US Federal Law Commerce, interstate transactions
47 U.S.C. § 230 (CDA Section 230) User-generated content liability protection
17 U.S.C. § 512 (DMCA) Copyright safe harbor provisions
US ESIGN Act (15 U.S.C. § 7001) Electronic signatures and contracts
GDPR (EU 2016/679) Data protection for EU users
eIDAS Regulation (EU 910/2014) Electronic signatures for EU users
COPPA (15 U.S.C. § 6501) Children's online privacy protection

Contact Directory

BLUE SHIFT TECHNOLOGY LLC

Headquarters:
2125 BISCAYNE BLVD
MIAMI, FL 33137
United States of America

Contact Emails:

Website: www.scamnemesis.com

✓ Document Complete

This document has been prepared in accordance with:
• US federal and Florida state law
• GDPR requirements for EU users
• Industry best practices for online platforms
• Section 230 CDA protections
• DMCA safe harbor provisions

Effective Date: September 30, 2025
Version: 2.0
Jurisdiction: Miami-Dade County, Florida, USA