Terms of Service

1. Acceptance of Terms

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

These Terms of Service ("Terms") govern your relationship with CookieBeam operated by CookieBeam Ltd. ("us", "we", or "our").

2. Description of Service

CookieBeam provides a cookie consent management platform that helps websites comply with privacy regulations including GDPR, UK GDPR, and CCPA. Our service includes:

• Cookie consent banner generation and hosting
• Consent management and record keeping
• Cookie scanning and categorization
• Analytics and reporting dashboards
• Integration with Google Tag Manager Consent Mode
• Multi-language support

3. Account Registration

To use our Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

4. Acceptable Use Policy

4.1 Permitted Uses

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Uses

You agree not to use the Service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Service

5. Subscription Plans and Billing

5.1 Subscription Plans

CookieBeam offers various subscription plans with different features and usage limits. Current plans and pricing are available on our pricing page.

5.2 Free Trial

We offer a 14-day free trial for all paid plans. A valid payment method (credit card) is required to start your trial, but you will not be charged during the trial period. The free trial allows you to fully evaluate the Service before committing to a paid subscription, minimizing the need for refunds. At the end of the trial period, your payment method will be charged automatically for your selected plan unless you cancel before the trial ends.

5.3 Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• Payment is due immediately upon subscription or renewal
• All fees are non-refundable once you have started using the Service, except as required by law
• You authorize us to charge your payment method for all fees owed, including subscription fees and any overage charges

5.4 Payment Processing

We use Stripe, Inc. as our third-party payment processor. By subscribing to our Service, you agree to:

• Stripe's terms and conditions and privacy policy
• We do not store your payment card information on our servers
• All payment information is encrypted and processed securely through Stripe's PCI DSS Level 1 compliant infrastructure
• Stripe acts as a data processor on our behalf for payment processing purposes

5.5 Overage Billing

Overage charges apply when you exceed your plan's usage limits. Overages are calculated for:

• Additional Domains: Charges apply when you exceed the number of domains included in your plan, priced according to your subscription tier
• Consent Log Storage: Charges apply when you exceed the consent log storage limit included in your plan, priced according to your subscription tier
• Overage charges are billed monthly along with your regular subscription fee
• You can monitor your usage in your account dashboard to avoid unexpected charges
• There are no automatic spending caps; you are responsible for monitoring your usage

5.6 Auto-Renewal

Your subscription will automatically renew at the end of each billing period (monthly or annually) unless you cancel before the renewal date:

• Your payment method will be charged automatically for the upcoming billing period
• You can cancel your subscription at any time from your account dashboard
• Cancellation takes effect at the end of your current billing period
• No refunds are provided for partial billing periods, except as required by law

5.7 Cancellation and Refunds

You may cancel your subscription at any time:

• Cancellation takes effect at the end of your current billing period
• You will continue to have access to the Service until the end of the paid period
• Once you have started using the Service (deployed banners, stored consent logs, etc.), fees are non-refundable
• The 14-day free trial minimizes the need for refunds by allowing full evaluation before payment
• Refunds may be provided at our sole discretion or as required by applicable consumer protection laws

5.8 VAT and Tax Handling

Applicable taxes (VAT, sales tax, GST) may be added to your invoice:

• Prices listed on our website are exclusive of applicable taxes unless otherwise stated
• VAT/Tax ID collection is available during checkout for business customers
• For EU B2B customers with a valid VAT ID, the reverse charge mechanism may apply (VAT 0%)
• For EU B2C customers, VAT will be charged at the rate applicable in your country
• You are responsible for paying all applicable taxes associated with your use of the Service

5.9 EU Consumer Rights

For customers in the European Union and European Economic Area:

• You have a 14-day right of withdrawal under the EU Consumer Rights Directive
• This right begins from the date of subscription
• However, by using the Service during this period (deploying banners, collecting consents), you expressly agree to waive your right of withdrawal
• Our 14-day free trial period (which occurs before any payment) provides a comparable evaluation period
• To request a refund within the withdrawal period (if you have not used the Service), contact [email protected]

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of CookieBeam Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws.

6.2 Your Content

You retain ownership of any content you submit to the Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely for the purpose of providing the Service.

7. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

As a data controller, you are responsible for ensuring that your use of our Service complies with applicable data protection laws, including GDPR and CCPA.

8. Service Availability and Modifications

8.1 Service Availability

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted access to the Service. We may experience downtime for maintenance, updates, or due to factors beyond our control.

8.2 Modifications to Service

We reserve the right to modify or discontinue the Service (or any part thereof) at any time. We will provide reasonable notice of material changes.

9. Termination

9.1 Termination by You

You may terminate your account at any time by contacting our support team or using the account cancellation feature in your dashboard.

9.2 Termination by Us

We may terminate or suspend your account immediately if you breach these Terms or engage in prohibited activities.

9.3 Effect of Termination

Upon termination, your right to use the Service will cease immediately. We will retain your data for 30 days to allow for account reactivation, after which it will be deleted in accordance with our Privacy Policy.

10. Disclaimers and Limitation of Liability

10.1 Service "As Is"

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We expressly disclaim all warranties of any kind, whether express or implied.

10.2 Limitation of Liability

In no event shall CookieBeam Ltd., its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

10.3 Maximum Liability

Our total liability to you for all damages shall not exceed the amount you paid us in the twelve (12) months immediately preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless CookieBeam Ltd. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved as follows:

• First, by good faith negotiation between the parties
• If negotiation fails, through binding arbitration under the rules of the Italian Arbitration Association (Associazione Italiana per l'Arbitrato - AIA)
• The arbitration shall take place in Italy
• The language of arbitration shall be English
• Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction

12.3 EU Consumer Protection

If you are a consumer resident in the European Union, you also benefit from any mandatory provisions of the law in your country of residence. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of local law.

13. Changes to Terms

We reserve the right to update these Terms at any time. We will notify you of any material changes by email or through the Service. Your continued use of the Service after such modifications will constitute acknowledgment and agreement of the modified Terms.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. Contact Information