Terms of Service

1. Agreement to these terms and who we are

ConsentX (“ConsentX”, “we”, “us” or “our”) provides a consent management platform that helps website and application operators present consent notices, capture and store consent records and manage related privacy preferences. We operate the marketing website at consentx.io and the product at app.consentx.io.

These terms form a binding agreement between ConsentX and the individual or entity that registers for, subscribes to or uses the service (“you”, “your” or the “Customer”). If you use the service on behalf of an organisation, you represent that you have authority to bind that organisation, and references to you include that organisation. If you do not agree to these terms, you must not access or use the service.

These terms incorporate by reference our Privacy Policy and, where the Customer processes personal data through the service, our Data Processing Agreement (the “DPA”). Together these documents make up the entire agreement between us (the “Agreement”).

2. Definitions

In these terms the following definitions apply:

• Service means the ConsentX platform, including the web application, consent banner and widget, APIs, dashboards, documentation and the consentx.io website.
• Account means the registered account through which you access and configure the Service.
• Plan means the subscription tier you select, being the Free, Pro or Business plan as described in section 4.
• Customer Data means data, content and configuration that you submit to or generate through the Service, including consent records relating to your end users.
• End User means a visitor or user of your websites or applications whose consent or preferences you manage using the Service.
• Documentation means the user guides, technical specifications and policies we make available for the Service.
• Fees means the subscription and other charges payable for your Plan.
• Applicable Law means all laws, regulations and rules that apply to a party in connection with the Agreement, including data protection and privacy laws.

3. Eligibility and accounts

To use the Service you must be at least the age of majority in your jurisdiction and capable of forming a binding contract. The Service is intended for business and professional use and is not directed to consumers acting outside their trade or profession.

When you register, you agree to provide accurate, current and complete information and to keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your Account. You must enable available security measures, including multi-factor authentication where offered, and notify us promptly at support@consentx.io if you suspect any unauthorised access or use.

Each organisation should maintain a single primary Account unless we agree otherwise in writing. You may invite additional users to your Account and are responsible for their acts and omissions as if they were your own. We may refuse registration, or suspend or close an Account, where we reasonably believe these terms have been breached.

4. The service and plans

We offer the Service under the following Plans. The features, usage limits and entitlements of each Plan are described on our pricing page and in the Documentation, and may be updated from time to time as set out in section 17.

• Free: a no-cost Plan with limited features and usage, provided on the terms in section 7.
• Pro: a paid Plan at USD 49 per month, with expanded features and usage limits.
• Business: a paid Plan at USD 199 per month, with higher limits and additional features.

We continually improve the Service and may add, modify, deprecate or remove features. We will use reasonable efforts to avoid materially reducing the core functionality of a paid Plan during a paid term, and where we make a material adverse change we will give notice in accordance with section 17.

5. Customer responsibilities and acceptable use

You are responsible for your use of the Service and for your Customer Data. You agree that, in connection with the Service, you and your users will:

• use the Service only for lawful purposes and in compliance with Applicable Law and these terms;
• configure consent notices, categories, trackers and preferences accurately, and ensure that the information you present to your End Users is truthful and not misleading;
• obtain and maintain all rights, notices and permissions needed for the data you process through the Service;
• not use the Service to transmit unlawful, infringing, harmful, deceptive or malicious content, or to send unsolicited communications in breach of Applicable Law;
• not copy, modify, translate, decompile, disassemble or reverse engineer any part of the Service, or attempt to derive its source code, except to the extent this restriction is prohibited by Applicable Law;
• not resell, sublicense or make the Service available to third parties except as expressly permitted, and not use the Service to build a competing product;
• not probe, scan or test the vulnerability of the Service except through our responsible disclosure process, and not circumvent or interfere with any security or usage controls;
• not overload, disrupt or degrade the Service or its infrastructure, including through excessive automated requests, denial of service or scraping at scale.

As between you and ConsentX, you are the controller (or equivalent responsible party) of your End User data and are responsible for determining the purposes and means of its processing, for the lawfulness of that processing and for honouring End User rights. ConsentX acts as your processor in respect of personal data processed on your behalf, as further described in the DPA.

Security researchers should follow our responsible disclosure process.

6. Fees, billing and taxes

Paid Plans are billed in advance on a recurring subscription basis through our payment processor, Stripe. By subscribing, you authorise us and Stripe to charge your payment method for the Fees, and any applicable taxes, for each billing period. You are responsible for providing valid and current payment details.

Unless cancelled, your subscription renews automatically at the end of each billing period at the then-current Fees, and your payment method will be charged for the renewal. You may cancel renewal at any time through your Account or by contacting us, and cancellation takes effect at the end of the current paid period.

If you upgrade your Plan, the change takes effect immediately and we may charge a prorated amount for the remainder of the current period. If you downgrade, the change generally takes effect at the start of the next billing period, and reduced limits or features will apply from that point.

Fees are exclusive of taxes. You are responsible for all sales, use, value added, goods and services and similar taxes, duties and levies, excluding taxes on our net income. Where we are required to collect such taxes, they will be added to your invoice.

Except where required by Applicable Law or expressly stated in these terms, all Fees are non-refundable and there are no refunds or credits for partial periods, unused features or usage. We may change our Fees or introduce new charges. We will give you reasonable advance notice of any increase to recurring Fees, and the new Fees will apply from your next renewal. If you do not accept a Fee change, your remedy is to cancel before the change takes effect.

If a payment fails or is overdue, we may retry the charge, suspend access to paid features and, after reasonable notice, terminate your paid Plan in accordance with section 16.

7. Free plan and trials

We may make the Free Plan or time-limited trials available so you can evaluate the Service. Free and trial use is subject to these terms and to the usage limits we set, which we may change at any time. Free and trial Service is provided without charge and, to the maximum extent permitted by law, without any warranty, service level commitment or support obligation.

We may modify, suspend or discontinue the Free Plan or any trial at any time. If a trial converts to a paid Plan, the Fees and billing terms in section 6 will apply from conversion unless we tell you otherwise.

8. Intellectual property

The Service, including its software, design, user interfaces, branding, trademarks, Documentation and all related intellectual property, is owned by ConsentX or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these terms, no rights are transferred to you.

Subject to your compliance with these terms and payment of applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service for your internal business purposes during the term of the Agreement.

As between the parties, you retain all rights in your Customer Data and content. You grant us a worldwide, non-exclusive licence to host, copy, process, transmit and display your Customer Data only to the extent necessary to provide, maintain, secure and improve the Service and to comply with Applicable Law.

If you provide suggestions, ideas or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose, without any obligation or compensation to you.

9. Customer data and privacy

Our handling of personal data relating to your use of the Service is described in our Privacy Policy. Where we process personal data on your behalf as part of the Service, that processing is governed by our Data Processing Agreement, which forms part of the Agreement and sets out the roles of the parties, security measures, subprocessor arrangements and data transfer terms.

You are responsible for ensuring that your collection and use of End User data through the Service complies with Applicable Law, including providing any required notices and obtaining any required consents. We will maintain appropriate technical and organisational measures to protect Customer Data as described in the DPA and our security materials.

10. Third-party services and integrations

The Service may interoperate with or rely on third-party services and integrations, such as tag managers (for example Google Tag Manager), analytics providers, payment processing and hosting and content delivery providers. Your use of those third-party services may be subject to separate terms and privacy policies between you and the relevant provider.

We do not control and are not responsible for third-party services, their availability, content or practices. Enabling or using an integration is at your discretion, and we are not liable for any act or omission of a third-party provider. If a third-party service changes or becomes unavailable, the related functionality of the Service may be affected.

11. Service levels and support

We will use commercially reasonable efforts to make the Service available and to maintain its performance. Except where we expressly agree a separate service level commitment in writing, the Service is provided without any guaranteed uptime, and the Free Plan is provided without any availability or support commitment.

We may carry out scheduled or emergency maintenance and may temporarily suspend the Service where reasonably necessary to protect its security, integrity or availability. Support for paid Plans is provided through our published channels, including support@consentx.io, on a commercially reasonable efforts basis.

12. Confidentiality

Each party may receive non-public information of the other party that is marked or reasonably understood to be confidential (“Confidential Information”). The receiving party will use the disclosing party Confidential Information only as needed to perform under the Agreement, will protect it with at least reasonable care and will not disclose it to third parties except to its personnel and advisers who need to know it and are bound by confidentiality obligations.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it without restriction, is independently developed, or is rightfully received from a third party. A party may disclose Confidential Information where required by law, provided it gives reasonable notice where lawful.

13. Warranties and disclaimers

To the maximum extent permitted by Applicable Law, the Service is provided on an “as is” and “as available” basis. ConsentX disclaims all warranties, conditions and representations, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, secure, timely or error free.

ConsentX is a software tool that helps you manage consent and privacy preferences. It does not guarantee that your use of the Service will achieve or ensure compliance with any law, regulation or standard. You remain solely responsible for your own legal and regulatory compliance. Nothing we provide constitutes legal advice, and you should obtain independent advice for your specific circumstances.

14. Limitation of liability

To the maximum extent permitted by Applicable Law, neither party will be liable for any indirect, incidental, special, consequential or exemplary damages, or for any loss of profits, revenue, goodwill, data or anticipated savings, arising out of or relating to the Agreement, even if advised of the possibility of such damages.

To the maximum extent permitted by Applicable Law, the total aggregate liability of ConsentX arising out of or relating to the Agreement will not exceed the total Fees paid by you to ConsentX for the Service in the twelve months immediately before the event giving rise to the liability. Where no Fees have been paid, our aggregate liability will not exceed USD 100.

Nothing in these terms excludes or limits liability that cannot be excluded or limited under Applicable Law, such as liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.

15. Indemnification

You agree to defend, indemnify and hold harmless ConsentX and its officers, directors, employees and agents from and against any third-party claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to your breach of these terms, your misuse of the Service, your Customer Data, or your unlawful or unauthorised collection or processing of End User data through the Service.

We will give you prompt notice of any claim subject to indemnification, allow you to control its defence and settlement (provided any settlement that imposes obligations on us requires our prior written consent) and provide reasonable cooperation at your expense.

16. Term, suspension and termination

The Agreement starts when you first accept these terms or use the Service and continues until your Account is closed or the Agreement is terminated. You may stop using the Service and close your Account at any time, subject to the billing terms in section 6.

We may suspend or terminate your access to the Service, in whole or in part, if you materially breach these terms (including non-payment) and, where the breach is capable of remedy, fail to cure it within a reasonable period after notice; if required by Applicable Law; or if we reasonably believe your use poses a security, legal or operational risk. We may suspend access immediately where necessary to protect the Service or other customers.

On termination, your right to access and use the Service ends and any outstanding Fees become due. For a limited period after termination, you may export your Customer Data using the tools we provide. After that export window, we will delete or return Customer Data in accordance with the DPA, except where retention is required by Applicable Law. Provisions that by their nature should survive termination, including sections on intellectual property, confidentiality, disclaimers, limitation of liability, indemnification and governing law, will survive.

17. Changes to the service and to these terms

We may modify the Service from time to time to reflect changes in technology, features, Applicable Law and our business. We may also update these terms. The date at the top of this page shows when these terms were last updated.

Where a change to these terms is material, we will provide reasonable notice, for example by email or through the Service, before it takes effect. Your continued use of the Service after the effective date of an updated version means you accept the changes. If you do not agree to a change, you should stop using the Service and may cancel in accordance with these terms.

18. Governing law and dispute resolution

The Agreement is governed by the laws of the jurisdiction of the ConsentX place of establishment, without regard to conflict of law rules. The specific governing law and venue will be confirmed here once the ConsentX contracting entity is finalised.

Before commencing formal proceedings, the parties will attempt in good faith to resolve any dispute informally by contacting legal@consentx.io and engaging in discussions for a reasonable period. If a dispute is not resolved informally, it will be subject to the exclusive jurisdiction of the competent courts of the governing jurisdiction, or to binding arbitration where the parties agree in writing or Applicable Law so requires. Nothing prevents either party from seeking urgent injunctive or equitable relief to protect its rights.

19. General

• Assignment. You may not assign or transfer the Agreement without our prior written consent. We may assign it to an affiliate or in connection with a merger, acquisition or sale of assets.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
• Entire agreement. The Agreement is the entire agreement between the parties regarding the Service and supersedes all prior agreements and understandings on that subject.
• Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, outages, network or hosting failures, and government actions.
• Notices. We may give notices through the Service or by email to the address on your Account. You may send notices to legal@consentx.io.
• Waiver. A failure or delay in enforcing any right is not a waiver of that right, and no waiver is effective unless made in writing.
• No partnership. The Agreement does not create any partnership, agency, joint venture or employment relationship between the parties.

20. Contact

Questions about these terms can be sent to legal@consentx.io. For account and product support, contact support@consentx.io.