Terms of Service

1. Acceptance of Terms

By accessing and using CookiePot ("Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use the Service.

CookiePot is operated by BrightClouds CommV ("we", "us", or "our"). These Terms of Service govern your use of our cookie consent management platform.

2. Description of Service

CookiePot provides a cookie consent management platform that helps website owners comply with GDPR, ePrivacy Directive, and other privacy regulations. Our service includes:

• Consent banner widget for websites
• Consent record storage and management
• Dashboard for viewing and managing consent data
• API for programmatic access
• Webhook notifications
• Data export and deletion tools

3. Account Registration

To use CookiePot, you must:

• Create an account with accurate and complete information
• Be at least 18 years old or have parental/guardian consent
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access
• Be responsible for all activities under your account

You may not use another person's account without permission or share your account credentials.

4. Acceptable Use

You agree to use CookiePot only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service in any way that violates applicable laws or regulations
• Use the Service to transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Service or servers
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or modify any proprietary notices or labels
• Use the Service to spam or send unsolicited communications
• Collect or harvest personal information without consent
• Resell or redistribute the Service without authorization

5. Subscription Plans and Billing

5.1 Plans

CookiePot offers multiple subscription plans with different features and usage limits. Current plans and pricing are available at cookiepot.eu/pricing.

5.2 Payment

Paid plans are billed in advance on a monthly or annual basis. You authorize us to charge your payment method on file. All fees are non-refundable except as required by law.

5.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

5.4 Usage Limits

Each plan has specific usage limits (consent requests, domains, etc.). If you exceed your plan limits, we may:

• Throttle or temporarily suspend service
• Charge overage fees
• Require you to upgrade to a higher plan

5.5 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access until that date.

6. Data Processing

6.1 Your Responsibilities

As a data controller, you are responsible for:

• Ensuring lawful basis for processing personal data
• Providing appropriate privacy notices to your users
• Configuring the consent banner accurately
• Respecting user consent choices
• Handling data subject requests (access, deletion, etc.)

6.2 Our Role

CookiePot acts as a data processor on your behalf. We will:

• Process data only according to your instructions
• Implement appropriate security measures
• Assist with data subject requests
• Delete or return data upon termination
• Maintain records of processing activities

6.3 Data Processing Agreement

By using CookiePot, you agree to our Data Processing Agreement (DPA), which is incorporated by reference into these Terms. The DPA covers GDPR requirements for data processing.

7. Intellectual Property

CookiePot and its original content, features, and functionality are owned by [Your Company Name] and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain all rights to your data and content. By using CookiePot, you grant us a limited license to process your data to provide the Service.

8. Service Availability

We strive to provide reliable service but cannot guarantee 100% uptime. We may:

• Perform scheduled maintenance with advance notice
• Experience unplanned downtime due to technical issues
• Modify or discontinue features with notice

We provide a Service Level Agreement (SLA) for paid plans, available in your dashboard.

9. Limitation of Liability

To the maximum extent permitted by law, CookiePot and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or security breaches
• Third-party content or conduct

Our total liability for any claims related to the Service is limited to the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless CookiePot, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or data

11. Termination

We may terminate or suspend your account immediately, without prior notice, if you:

• Breach these Terms of Service
• Fail to pay required fees
• Engage in fraudulent or illegal activity
• Abuse or misuse the Service

Upon termination, your right to use the Service will cease immediately. We will retain your data for 90 days after termination to allow for data export, then permanently delete it.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through the Service. Your continued use of CookiePot after changes take effect constitutes acceptance of the new Terms.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved in the courts of Belgium.

14. Entire Agreement

These Terms, together with our Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and CookiePot regarding the Service and supersede all prior agreements and understandings.