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Terms of Service

1. Agreement between you and Cybot ApS

1.1. These Terms of Service govern your acquisition and use of services on our website www.cookiebot.com. By accepting these Terms, either by clicking a box indicating your acceptance or by executing an order form or other document referring to these Terms, you agree that these Terms shall form part of the agreement between you and Cybot ApS (the “Agreement”).

1.2. These Terms were last updated on January 12, 2014 and are effective between you and Cybot ApS as of the date where you register an account on www.cookiebot.com. Cybot ApS reserves the right to change these Terms from time to time. If such changes are considered material, Cybot ApS will inform registered customers about the changes by email, and the changes will take effect one month after the sending of such email. Your continued use of our website or services after such changes will constitute acknowledgment and agreement of the modified Terms.

1.3. In case of any discrepancies between the wording of our website and these Terms, these Terms shall prevail.

2. The services we deliver – and what you need to do

2.1. Subject to the sign-up procedure on our website and payment of the Subscription Fee (as defined in clause 3.1 below), Cybot ApS will deliver to you the services (“Cookiebot”) described on our website.

2.2. Cookiebot is designed as a tool to facilitate compliance with EU regulations concerning the use of cookies on your website and to help you obtaining the relevant consents to use cookies from the users of your website. Cybot ApS is only the provider of the IT infrastructure and it is your own responsibility to provide input to the system, including the drafting of an appropriate wording of the request for consents and to provide the necessary information to the users of your website in order to obtain an “informed”, “prior” and “implied” or “explicit” consent as appropriate. The relevant EU legislation is not necessarily implemented the same way in all EU countries and we cannot guarantee that using Cookiebot will automatically lead to compliance with all relevant rules and regulations concerning the use of cookies or the collection of consents to use cookies. We encourage you to seek local legal advice to ensure compliance with local legislation when implementing the solution on your website and tailoring the wording of the consents to be shown on your website.

2.3. If you own multiple websites Cookiebot can ask your users for a consent that covers all your domains (a “Bulk Consent”) on the user’s first visit to any of your websites. If you use the Bulk Consent function you must guarantee that you are the rightful owner of all domains listed on Cookiebot’s “domain list” or that you otherwise have the necessary rights to include such websites on the “domain list”. The functionality of Bulk Consent is dependent on the user's acceptance of third party cookies in the web browser used to access your website.

2.4. If you use Cookiebot to enable specific strictly necessary cookies in case a user declines the use of cookies, it is your responsibility to ensure that such cookies are strictly necessary to enable the basic functionality that the user actively seeks on your website in accordance with current legislation.

2.5. Cookiebot itself automatically sets two strictly necessary cookies in the user’s web browser when the user visits your website; “CookieConsent” that stores the user’s encrypted consent and “CookieConsentBulkTicket” that stores an encrypted key to enable Bulk Consent across your domains as described in clause 2.3 above. The first party persistent cookie named “CookieConsent” expires automatically after 1 year from the users consent whereas the third party secure httponly persistent cookie named “CookieConsentBulkTicket” expires after 3 years.

2.6. A user can change a consent any time by clicking a link that activates Cookiebot’s “renew”-method as described on www.cookiebot.com/goto/developer. This functionality requires that you insert a link to the method from your website, e.g. from your website privacy policy.

2.7. Cookiebot is a self-serve service. As a customer you can submit questions, comments or suggestions using the helpdesk on www.cookiebot.com/goto/helpdesk.

2.8. A user consent is documented by registration of the user's IP number, user agent, URL, time and a unique, encrypted key that is stored in a data center for a year at Cybot's cloud vendor, Microsoft Ireland Operations Ltd in Dublin, Ireland. After a year the consent is automatically deleted and then used only in anonymous form as part of the statistics that you have access to in Cookiebot.

2.9. Cybot ApS is the data processor and acts only on instruction by you as the data controller. Cybot ApS shall take appropriate technical and organizational security measures to protect data against accidental or unlawful destruction, loss or alteration and against unauthorized disclosure, misuse or illegal processing. Cybot ApS is subject to the safeguards provided for in the legislation of Denmark, where the company is established.

3. Subscription Fee

3.1. For using Cookiebot we will charge you a monthly Subscription Fee based on the number of web pages Cookiebot has discovered and scanned within the last month on the domains you have submitted.

3.2. The mimimum monthly Subscription Fee is EUR 4.90 excluding VAT, regardless of the actual usage.

3.3. The current Subscription Fee is EUR 0.0098 excluding VAT per page each time your website is beeing scanned by Cookiebot. The fee may be changed by Cybot ApS at any time subject to 90 days’ notice, which will be sent to you by email.

3.4 The number and frequency of pages to be scanned is determined by the type of scan you choose when you register a domain in Cookiebot.

3.5 If you sign up for a trial version of Cookiebot you may use the system free of charge for 31 days. The trial version allows access to all functions of Cookiebot except manual scan of domains. In addition, the number of domains is limited to 10 and the number of pages beeing scanned is limited to 500 per domain. If there is more than 500 pages on a domain, we can not guarantee that your cookie declaration is adequate during the trial period. If you continue your subscription after the trial period a full scan of registered domains will be carried out.

4. Payment and invoicing

4.1. You must provide us with valid and updated credit card information when signing up for Cookiebot. You authorise us to recurrently charge such credit card for all services you have accepted to buy from our website.

4.2. You are obliged to keep your credit card details up to date. You can renew your credit card number via the “My account” menu on our website after login.

4.3. We will draw the first month’s Subscription Fee including any applicable VAT from your credit card account after the first scan of your websites when you sign up.

4.4. Invoices will be sent to you by email to the email address provided by you when you signed up for Cookiebot. When you log in to Cookiebot you can view and download invoices issued to you under the “My account” menu.

4.5. The Subscription Fee is subject to 25% VAT which will be charged to customers situated in the EU, except companies with a valid VAT-number (exception does not apply to Danish customers). Customers outside the EU will not be charged VAT.

4.6. If you are a company situated in the EU and qualify for VAT exemption and your VAT number is not valid according to the European Commission’s VIES VAT number validation system on the date of invoice (order and/or recurring order), we will charge 25% VAT which will not be refunded.

4.7. All orders will be charged in EUR.

5. Term and Termination of subscription

The Agreement and your subscription to our services will be effective from the moment you sign up for our services on our website and until the subscription and the Agreement is terminated by you or us.

You may cancel your subscription any time by clicking “Cancel my account” under the “My account” menu. Your data (including account information, invoices and collected user consents) will be permanently deleted without further warning or any option to restore. It is your obligation to delete the Cookiebot script on your website before you cancel your account since the script will not work from the time you cancel your account.

Any payable balance will be finalized and settled within 24 hours after you have terminated your subscription.

5.1. We reserve the right to terminate the Agreement and to stop the provision of services (i) immediately if any due Subscription Fee is not being paid on time, (ii) without notice in case of material breach of the Agreement by you or (iii) at any time and without reason subject to six months’ notice.

6. Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (the ”Resources”), you agree to use these Resources only for the purposes intended as permitted by (a) these Terms, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as a help desk, blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

iii. Contains any type of unauthorized or unsolicited advertising;

iv. Impersonates any person or entity, including any Cybot ApS employees or representatives.

h. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

i. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Cybot ApS, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

7. Indemnification

You agree to indemnify and hold harmless Cybot ApS and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.

8. Privacy

Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of these Terms. To read our privacy policy in its entirety, click here.

9. Limitation of Warranties

9.1. By using our website or services, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

a. the use of our Resources will meet your needs or requirements.

b. the use of our Resources will be uninterrupted, timely, secure or free from errors.

c. the information obtained by using our Resources will be accurate or reliable, and

d. any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

9.2. Furthermore, you understand and agree that:

a. any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

b. no information or advice, whether expressed, implied, oral or written, obtained by you from Cybot ApS or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms.

10. Limitation of Liability

10.1. In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Cybot ApS will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

10.2. Unless otherwise expressed, Cybot ApS expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to any implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

11. Copyrights/Trademarks

11.1. All content and materials available on www.cookiebot.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Cybot ApS, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Cybot ApS.

12. Governing Law and Venue

12.1. This website is controlled by Cybot ApS, Denmark. By accessing our website or buying our services you agree that the laws of Denmark, excluding any provisions of law that would lead to the application of any law other than Danish law shall apply to all matters relating to the use of our website and the purchase of any products or services through this site.

12.2. In the event of any dispute or difference arising under or in connection with these Terms or the Agreement (including a dispute or difference as to the validity of the Terms or the Agreement), such dispute or difference shall be referred to and resolved according to the judgment of the Danish courts and you hereby submit to the exclusive jurisdiction of the Danish courts.

13. Contact Information

If you have any questions or comments about these Terms of Service as outlined above, you can contact us at:

Cybot ApS
Soebrovej 14
5683 Haarby
Denmark

E-mail:
Company reg. no.: DK34624607