These Terms of Service (“Terms”) form an agreement between you and Cookiesh, Inc. (“Cookiesh”, “we”, “us”). They govern your use of the Cookiesh website, dashboard, APIs, SDKs and consent management service (together, the “Service”). If you use the Service on behalf of an organization, you agree to these Terms on its behalf and confirm that you have the authority to do so.
Accounts
You must give accurate information when you sign up and keep it up to date. You are responsible for your credentials and for all activity under your account. Tell us promptly at support@cookiesh.eu if you suspect unauthorized access. You must be at least 18 years old to create an account.
Plans, trials and billing
- Free plan. The Hobby plan is free, subject to the usage limits shown on our pricing page.
- Trials. Paid-plan trials last 14 days and do not require a payment method. At the end of a trial, your account moves to the free plan unless you subscribe.
- Subscriptions. Paid plans are billed in advance, monthly or yearly, and renew automatically until cancelled. Usage above your plan’s included volume is billed in arrears at the rates on the pricing page.
- Changes. Upgrades take effect immediately and are prorated. Downgrades and cancellations take effect at the end of the current billing period.
- Taxes. Prices exclude taxes. You are responsible for any applicable taxes, other than taxes on our income.
- Refunds. Fees are non-refundable except where the law or these Terms say otherwise.
We may change prices with at least 30 days’ notice. New prices apply from your next renewal.
Acceptable use
You agree not to:
- use the Service to break any law or to infringe anyone’s rights;
- misrepresent consent, or configure banners to mislead visitors about how their data is used;
- interfere with or disrupt the Service, probe it for vulnerabilities without our written permission, or get around its usage limits;
- reverse engineer the Service, except where the law allows it;
- resell the Service, except as part of an Enterprise white-label agreement.
We may suspend accounts that break these rules, after notice where reasonable.
Your responsibilities for compliance
Cookiesh provides tools that help you collect, manage and document consent. You remain responsible for your own compliance with data protection and privacy laws. That includes the content of your banner and policies, the categories you assign to cookies and scripts, and the lawful basis for your processing. The Service does not provide legal advice.
Customer data and data protection
You keep all rights to the data you and your visitors submit to the Service (“Customer Data”). You grant us a limited license to process Customer Data only to provide, secure and support the Service. When we process personal data on your behalf, our Data Processing Agreement applies and forms part of these Terms. Our privacy policy explains how we handle personal data as a controller.
You can export your Customer Data at any time while your account is active, and for 30 days after it ends. After that, we delete it unless the law requires us to keep it.
Intellectual property
The Service, including its software, design and documentation, belongs to Cookiesh and its licensors. We give you a non-exclusive, non-transferable right to use the Service during your subscription, under these Terms. If you send us feedback, we may use it without obligation to you.
Third-party services
The Service may work with third-party products such as tag managers, analytics tools and advertising platforms. Your use of those products is governed by their own terms. We are not responsible for them.
Availability and support
We aim to keep the Service available at all times, but maintenance and events outside our control can cause interruptions. Enterprise plans include an uptime commitment and service credits under a separate Service Level Agreement. Support channels and response times depend on your plan.
Confidentiality
Each party will protect the other’s non-public information with reasonable care. It will use that information only to perform under these Terms, and disclose it only to people who need to know it and are bound by similar obligations.
Disclaimers
Except as expressly stated in these Terms, the Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that use of the Service will make you compliant with any law.
Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Each party’s total liability under these Terms is limited to the amounts you paid us in the 12 months before the claim. These limits do not apply to your payment obligations, a breach of the acceptable use rules, or liability that cannot be limited by law.
Indemnification
You will defend and indemnify Cookiesh against third-party claims arising from your Customer Data, your configuration of the Service or your breach of these Terms. We will defend and indemnify you against third-party claims that the Service, as we provide it, infringes their intellectual property rights.
Term and termination
These Terms apply for as long as you use the Service. You may close your account at any time. Either party may terminate for material breach that is not cured within 30 days of notice. When your account ends, your right to use the Service stops. Sections that by their nature should survive termination will survive.
Governing law
These Terms are governed by the laws of Ireland, without regard to conflict-of-laws rules. The courts of Dublin have exclusive jurisdiction, unless mandatory consumer protection law gives you the right to bring proceedings elsewhere.
Changes to these Terms
We may update these Terms from time to time. For material changes, we will give at least 30 days’ notice by email or in the dashboard. If you keep using the Service after changes take effect, you accept the updated Terms.
Contact
Cookiesh, Inc.
Email: support@cookiesh.eu