Terms of Service

1. Your Agreement with Consentise

1.1 Your use of Consentise Service is governed by this agreement (the “Terms”). “Consentise” means Scoutize Pty Ltd, located at Suite 163, 79 Longueville Road, Lane Cove, NSW, 2066, Australia, and its subsidiaries or affiliates involved in providing the Consentise Service. The “Services” means the services Consentise makes available through this website, including this website, the Consent Mode banner, and any other software or services offered by Consentise in connection to any of those. The “User” means yourself, the individual or company who uses our Service.

1.2 Consentise Apps or “Service” are the publicly available online apps at https://www.consentise.com, desktop apps and mobile apps authored by us. In order to use this you must first agree to the Terms. You agree to the Terms by using the “Service”. You understand and agree that Consentise will treat your use of any of the apps as acceptance of the Terms from that point onwards.

1.3 You may not use any of the apps or services if you are a person barred from receiving the service under the laws of Australia or other jurisdictions, including the country in which you are resident or where you use the service. You affirm that you are over the age of 13, as this service is not intended for children under 13.

1.4 You agree your purchases of the service if offered are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by Consentise or any of its affiliates regarding future functionality or features.

2. Your Account and Use of the Consentise Service

2.1 For apps on the website you must provide accurate and complete registration information any time you register to use the service. You are responsible for the security of your passwords and for any use of your account. If you become aware of any unauthorized use of your password or your account, you agree to notify Consentise immediately.

2.2 Your use of the service must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software.

2.3 You agree not to (a) access (or attempt to access) the administrative interface of the service by any means other than through the interface that is provided by Consentise unless you have been specifically allowed to do so in a separate agreement with Consentise, or (b) engage in any activity that interferes with or disrupts the service (or the servers and networks which are connected to the Service).

2.4 Abuse or excessively frequent requests to the service may result in the temporary or permanent suspension of your account’s access to the service. Consentise, at its sole discretion, will determine abuse or excessive usage of the service. The Company will make a reasonable attempt via email to warn the account owner prior to suspension. Repeated exceeding of the usage limits may lead to termination of your account.

2.5 Consentise processes your Personal Information in ways compatible with the purpose for which it was collected or subsequently authorized by you, the individual. To the extent necessary for such purposes, we take reasonable steps to make sure that your Personal Information is accurate, complete, current, and otherwise reliable with regard to its intended use.

2.6 Consentise may collect from you at your discretion and only when authorized by you, your password to third-party accounts with the purpose of linking these accounts in the Consentise App. Any such password is used only in accordance with the intended use that is explained before the password is requested from you. Any password you provide is secured in line with our security policies and is not stored on Consentise servers. We may employ procedural and technological measures, consistent with industry practice. Such measures are reasonably designed to help protect your Personal Information from loss, unauthorized access, disclosure, alteration, or destruction. We may use encryption, secure socket layer, firewalls, internal restrictions, password protection, and other security measures to help prevent unauthorized access to your Personal Information.

2.7 You may only use Templates and derivative works from Templates in accordance with sections 6.2 and 6.3 of the Terms.

3. Service Policies and Privacy

3.1 You agree to comply with the Consentise Acceptable Use Policy available at acceptable use policy (the “Acceptable Use Policy”) which is incorporated herein by this reference and which may be updated from time to time.

3.2 The service shall be subject to the privacy policy available at Privacy Policy. You agree to the use of your data in accordance with Consentise’s privacy policies.

3.3 You agree that you will protect the privacy and legal rights of the End Users of your application. You must provide legally adequate privacy notice and protection for End Users.

4. Fees for Use of the service

4.1 Subject to the Terms, the service is provided to you without charge for the Free plan. All other plans require payment for the service. The pricing for additional services will be provided by Consentise if its required.

4.2 For all purchased resources and services, we will charge your credit card monthly or at the interval indicated in Consentise fees and payment policies, if different. Charges are exclusive of taxes. You are responsible for paying all taxes and government charges, and all reasonable expenses. To the fullest extent permitted by law, you waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Consentise’s measurements of your use of the Service, unless otherwise agreed to in writing. To the fullest extent permitted by law, refunds (if any) are at the discretion of Consentise. Nothing in these Terms obligates Consentise to extend credit to any party. You acknowledge and agree that any credit card and related billing and payment information that you provide to Consentise may be shared by Consentise with companies who work on Consentise’s behalf, such as payment processors and/or credit agencies, solely for the purposes of effecting payment to Consentise and servicing your account. Consentise shall not be liable for any use or disclosure of such information by such third parties. Consentise reserves the right to discontinue the provision of the Service to you for any late payments.

4.3 We reserve the right to change the structure of our pricing plan or introduce other plans at any time without further notice. Where possible we will attempt to “grandfather” these plans so you can stay on the plan you are on and so you are not affected by any major changes however this is not guaranteed. Consentise may change its fees and payment policies for the Service by notifying you at least fifteen (15) days before the beginning of the billing cycle in which such change will take effect. Changes to the fees or payment policies will be posted on the website or newsletter (or such other URL Consentise may provide from time to time). Any outstanding balance becomes immediately due and payable upon termination of the Terms for any reason.

4.4 You may not develop multiple Applications to simulate or act as a single Application or otherwise access the service in a manner intended to avoid incurring fees.

5. Chargebacks

5.1 If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the service may be automatically disabled or terminated.

5.2 In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation.

5.3 Your use of the service will not resume until you re-subscribe for any such Services, and pay any applicable Fees in full. If you have any questions or concerns regarding a payment made to Consentise, we encourage you to first contact our Sales team before filing a Chargeback or reversal of payment, in order to prevent the repercussions described above.

5.4 We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

6. Intellectual Proprietary Rights

6.1 You acknowledge and agree that Consentise (or Consentise’s licensors) own all legal rights, titles, and interest in and to the service including any intellectual property rights that subsist in the service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

6.2 Consentise may provide “Templates” that incorporate additional content (including, without limitation, text, images, animations, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) for use with the Service. All Templates and their contents are owned by Consentise. You may create derivative works from the Templates through the Service, provided that such works are not intended to be re-sold or published publicly for free distribution in an editable format. You may use derivative works for presentations, as long as you are the owner of the presentation.

6.3 You may not a) sublicense, sell or rent any Templates or modified versions of them, b) offer Templates or modified versions of them for download, or c) acquire the copyright of any Templates, whether or not for payment or other consideration.

7. Security

7.1 The security procedures and measures Consentise users is publicly available at security practices which is incorporated herein by this reference and which may be updated from time to time.

7.2 Protection of User Data. Consentise will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of User Data as described in 7.1. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of User Data by Consentise personnel except (a) to provide the Service and prevent or address service or technical problems, (b) as compelled by law in accordance, or (c) as a User or User expressly permit in writing. The web services are performed using equipment or facilities located in the United States. Consentise’s US service providers are either Privacy Shield compliant or have executed Standard Contractual Clauses (as approved by the European Commission). This provides legal grounds for assuring that, when processed in the United States, the personal data of EU citizens that are processed by Consentise’s customers when using the Service will receive from Consentise and its service providers located outside the EU an adequate level of protection within the meaning of Article 46 of Regulation (EU) 2016/679 (General Data Protection Regulation). By agreeing to these Terms, the User grants Consentise a general authorization in the meaning of Article 28 (2) of Regulation (EU) 2016/679 to engage processors for the purposes of providing the Service. The list of processors Consentise uses is publicly available at subprocessors. Consentise will inform the User of changes in such processors in accordance with the procedure of modifying these Terms as stipulated in Section 14 of these Terms.

8. Modification and Termination of the Service

8.1 Consentise is constantly innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the service that Consentise provides may change from time to time without prior notice to you, subject to the terms in Section 4.3. Changes to the form and nature of the service will be effective with respect to all versions of the service; examples of changes to the form and nature of the service include without limitation changes to fee and payment policies, security patches, added functionality, and other enhancements.

8.2 You may terminate these Terms at any time by canceling your account on the Consentise website or by discontinuing the use of the website. You will not receive any refunds if you cancel your account.

8.3 You agree that Consentise, in its sole discretion and for any or no reason, may terminate your account or any part thereof. You agree that any termination of your access to the service may be without prior notice, and you agree that Consentise will not be liable to you or any third party for such termination.

8.4 Consentise reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Service (or any part thereof) with or without notice.

8.5 If for any reason the service is discontinued or removed from the web/app store we will provide the following remedy to valid subscribers: a. The Company will announce service discontinuation through its monthly customer newsletter, which is also available on the Consentise website for the general public. It is your responsibility to check the newsletter contents for notice of service discontinuation. b. Email notice will be given at least fifteen (15) days before the discontinuation of the service, and you will be provided with technical support for the remainder of your subscription. c. If for any reason, including insolvency or dissolution, Consentise is unable to remain in business they will provide the following remedy to each customer: Consentise will make a reasonable effort to notify you, by email at least thirty (30) days prior to close of business.

8.6 Upon any termination of the service or your account these Terms will also terminate, but Sections 6.1, 8, 9, 10, 11, and 16 shall continue to be effective after these Terms are terminated.

9. EXCLUSION OF WARRANTIES

9.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE CONSENTISE SERVICE IS AT YOUR SOLE RISK AND SERVICES AUTHORED BY CONSENTISE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

9.2 CONSENTISE, ITS SUBSIDIARIES AND AFFILIATES NO EXPRESS WARRANTIES AND DISCLAIM ALL IMPLIED WARRANTIES REGARDING THE SERVICE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CONSENTISE, ITS SUBSIDIARIES AND AFFILIATES DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE SERVICE WILL BE ACCURATE.

9.3 IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF THE FIRST DELIVERY OF THE SERVICE.

9.4 If you report a breach of warranty to Consentise then Consentise will use reasonable commercial efforts to supply You with a version of the service that substantially conforms to the documentation, or refund to you the fees you paid for the service for up to a maximum of the last thirty (30) days at its option. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT.

10. LIMITATION OF LIABILITY

10.1 NEITHER CONSENTISE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF CONSENTISE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10.2 CONSENTISE’S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES, FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE THAT CAUSED SUCH DAMAGE FOR A MAXIMUM PERIOD OF 6 MONTHS.

10.3 THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS AGREEMENT.

10.4 Force Majeure. Consentise is not liable hereunder by reasons of failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, war, acts of terrorism, fires, flood, storms, explosions, earthquakes, acts of God, government action, labor conditions, or any other cause which is beyond its control.

11. Indemnification

11.1 You agree to hold Consentise harmless against, and at Your expense handle and defend, any claim and defend any third party suit brought against You arising from or related to your user content, use of the Services, or violation of any of these Terms. You shall pay all damages and costs awarded in such suit.

12. Copyright Policy

12.1 You agree to comply with the terms of the Copyright Notice available on the website at Copyright Notice which is incorporated herein by this reference and which may be updated from time to time.

13. Other Content

13.1 The service or website may include hyperlinks to other web sites or content or resources or email content. Consentise may have no control over any web sites or resources which are provided by companies or persons other than Consentise.

13.2 You acknowledge and agree that Consentise is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

13.3 You acknowledge and agree that Consentise is not liable for any loss or damage that may be incurred by you or your End Users as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

14. Updates

14.1 Consentise reserves the right, at its sole discretion, to change, modify, add, or remove portions of the Terms at any time. Such changes will be posted on our website at https://www.consentise.com. You are bound by the Terms as it is posted or distributed at the most recent time you use the service. If You do not wish to be bound by the terms of this license agreement You should cease to use the service by terminating your account. Please check these Terms periodically for changes.

15. The Services We Deliver

15.1. EU’s General Data Protection Regulation (“GDPR”) and EU’s ePrivacy Directive 2009/136/EC (“ePR”) test.

15.1.1. Consentise offers a free GDPR/ePR test which analyzes your website to indicate whether your website complies with the rules relating to online tracking set out in the GDPR and ePR.

15.1.2. The GDPR/ePR test only encompasses some of the requirements in the GDPR and ePR and is only an analysis of your website. It is therefore not a complete analysis of your website. Therefore, a positive test response must not be taken as a guarantee that your website fulfills all requirements set out in the GDPR and ePR.

15.1.3. It is your responsibility to ensure that the domain you enter for testing is spelled correctly and is publicly available to anonymous website visitors. You warrant that you are the rightful owner of the domain, or that you otherwise have the necessary rights to have the website scanned and tested.

15.2. Consentise Subscription

15.2.1. Subject to the sign-up procedure on our website where you register an account, Consnetise will deliver to you the services described on our website.

15.2.2. Consentise Consent Management Platform (CMP) is designed as a self-serve business-to-business (B2B) service for website owners to facilitate compliance with EU legislation concerning the use of cookies and similar technologies (hereafter jointly referred to as “cookies”) on your website, to help you obtain the relevant consents to the use of cookies from the users of your website and to make it possible for the users to withdraw their consent as easy as. Consentise is solely the software as a service (SaaS) provider, and it is your own responsibility to ensure correct and compliant implementation, including presenting users with compliant consent requests. The relevant EU legislation is not necessarily implemented in the same way in all EU countries, and we cannot guarantee that using Consentise CMP will automatically lead to compliance with all relevant rules and regulations concerning the use of cookies or the collection of consents to the use of cookies. We encourage you to seek local legal advice to ensure compliance with local legislation when implementing the solution on your website and to tailor the wording of the consent requests to be shown on your website.

15.2.3. It is your responsibility to ensure that the domains you enter when generating the script are spelled correctly and are publicly available to anonymous website visitors. You warrant that you are the rightful owner of all the domains, or that you otherwise have the necessary rights to use the domains.

15.2.4. If you have a paid subscription and own multiple websites, Consentise CMP can ask your users for consent that covers all your domains (“Cross-domain Consent Sharing”) on the user’s first visit to any of your websites. The functionality of the Cross-domain Consent Sharing is dependent on the user’s acceptance of third-party cookies in the web browser used to access your website.

15.2.5. It is your responsibility to ensure that the categorization and purpose descriptions of cookies identified during the website scans are in accordance with the use of those cookies on your website. If you alter categorizations or purpose descriptions of such cookies, it is your responsibility to ensure that this is done in accordance with the actual technical specifications and use of the cookies and in accordance with both relevant legislation and guidance from relevant data protection authorities. For example, if you classify cookies as “necessary” you should pay special attention to only do so for cookies that are strictly necessary to enable the basic functionality or service the user actively seeks on your website, in accordance with current legislation.

15.2.6. Our Services do not track any user´s data before they have given their consent. A user may withdraw consent at any time by deleting cookies. If you implement Consentise CMP’s standard cookie declaration on your website, this contains a built-in mechanism where the user can easily and at any time withdraw or change a consent.

15.3. Consentise organizes its resources to provide a high level of service with at least 99.9% uptime on the operation of the cloud service and a response time of less than 1 business day for support requests related to critical bugs (high impact, high urgency) and unscheduled downtime of Consentise CMP. Such support requests must be submitted in writing to our helpdesk.

16. General Legal Terms

16.1 The Terms constitute the whole legal agreement between you and Consetise and govern your use of the service (but excluding any services which Consentise may provide to you under a separate written agreement), and completely replace any prior agreements between you and Consentise in relation to the service.

16.2 There are no third party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture.

16.3 If Consentise provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict.

16.4 You agree that Consentise may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the service. By providing Consentise your email address, you consent to our using the email address to send you any notices required by law instead of communication by postal mail.

16.5 You agree that if Consentise does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Consentise has the benefit of under any applicable law), this will not be taken to be a formal waiver of Consentise’s rights and that those rights or remedies will still be available to Consentise.

16.6 Consentise shall not be liable for failing or delaying the performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

16.7 The Terms, and your relationship with Consnetise under the Terms, shall be governed by the laws of the State of New South Wales, Australia, and shall be governed and interpreted according to the laws of New South Wales, Australia. Any lawsuit filed regarding this agreement shall be filed in New South Wales, Australia. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this agreement.

16.8 Neither party may assign any of its rights or obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign the entirety of its rights and obligations under these Terms, without consent of the other party, to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets not involving a direct competitor of the other party. A party’s sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non-assigning party’s election, termination of your use of the service upon written notice to the assigning party. CONSENTISE AND THE CUSTOMER HAVE EACH READ AND AGREED TO BE LEGALLY BOUND BY THE TERMS AND HAVE CAUSED THIS AGREEMENT TO BE EXECUTED BY THEIR DULY AUTHORIZED REPRESENTATIVES.