Terms of Service
1. Agreement between you and Cybot A/S
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 A/S (the “Agreement”).
1.2. These Terms were last updated on April 11, 2016 and are effective between you and Cybot A/S as of the date where you execute an order or register an account on www.cookiebot.com. Cybot A/S reserves the right to change these Terms from time to time. If such changes are considered material, Cybot A/S 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. Cookiebot Subscription:
2.1.1. Subject to the sign-up procedure on our website and payment of the Subscription Fee (as defined in clause 3.1 below), Cybot A/S will deliver to you the services (“Cookiebot”) described on our website.
2.1.3. 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. 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.
2.1.5. If you use the Cookiebot feature "Domain Alias" to register a domain name as a mirror of another domain name ("mapped domain"), Cybot A/S may at any time by automated means check if the content served from the domain alias is actually identical with the content, including cookies, served from the mapped domain. If not, Cybot A/S may remove the domain alias from your configuration without any warning to prevent non-compliant and misleading usage of Cookiebot. You will in such case recieve an e-mail about the domain alias removal.
2.1.6. Cookiebot itself automatically sets two cookies in the user’s web browser when the user visits your website; The first party cookie “CookieConsent” that stores the user’s consent and the third party cookie “CookieConsentBulkTicket” that stores an encrypted key to enable Bulk Consent across your domains as described in clause 2.1.3 above. The first party persistent cookie named “CookieConsent” expires automatically for renewal after 13 months from the users consent whereas the third party secure httponly persistent cookie named “CookieConsentBulkTicket” expires after 13 months.
2.1.8. A user consent is logged and documented by registration of the user's anonymized IP number, browser user agent, website URL, date and time of consent and a unique, encrypted key that is stored in a data center at Cybot's cloud vendor, Microsoft Ireland Operations Ltd in Dublin, Ireland. You may download a copy of the consent log from the Cookiebot Manager after which it is your own responsibility to handle the log copy data in accordance with current legislation. After 13 months the consent is automatically deleted from our log and then used only in an aggregated, anonymous form as part of the statistics that you have access to in Cookiebot.
2.1.9. If your subscription is managed by an authorized Cookiebot reseller, the reseller will have access to collected data when managing your subscription, but the reseller has no right to share, use or sell the collected data. Collected data will not be shared with or sold by Cybot A/S to other third parties.
2.2. Cookie Report with no subscription:
2.2.1. When you order a Cookie Report for one or more domain names, Cookiebot will scan up to 15,000 sub-pages in up to 12 hours under each domain for cookies and similar tracking technologies. The automated audit will be performed by browsing each site's sub-pages as a simulated anonymous website visitor.
2.2.2. You warrant that you are the rightful owner of these domains, or that you otherwise have the necessary rights to perform a scan of the domains.
2.2.3. The result of the scan will be sent as a report in PDF, HTML and XML format to the e-mail address you provided when submitting the order.
2.2.4. It is your responsibility to ensure that the domains you enter in your order are spelled correctly and are publicly available to anonymous website visitors.
2.2.5. Your order is payable whether Cookiebot finds cookies on the individual domains or not. If there are no cookies found on a domain, you will receive a certificate stating that there was found no cookies on the website.
2.3. Cybot A/S is the data processor and acts only on instruction by you as the data controller. Cybot A/S 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 A/S is subject to the safeguards provided for in the legislation of Denmark, where the company is established.
2.4. Cybot A/S 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 critical support requests (blocking event) and 10 business days for non-critical support requests (non-blocking event).
2.5. 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. If you are you dissatisfied with the service provided, please contact Cybot. If the case can not be resolved, you can use the European Commission's online complaint portal at http://ec.europa.eu/consumers/odr/index_en.htm.
3.1. Cookiebot Subscription:
3.1.1. A monthly subscription fee will be charged for each domain name you register in Cookiebot, including any subdomains. After each monthly domain scan Cookiebot will automatically fix the size of the next subscription fee for each domain name based on the number of subpages found.
3.1.2. Current prices can be found on www.cookiebot.com/goto/pricing.
3.1.3. The mimimum monthly Subscription Fee will be charged regardless of the actual usage.
3.1.4. If you sign up for a trial version of Cookiebot you may use the service free of charge for 30 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 100 per domain.
3.2. Cookie Report with no subscription:
3.2.1. You will be charged a one-time payment per domain name on your order.
3.2.2. Current prices can be found on www.cookiebot.com/goto/cookiereport.3.4. The prices may be changed by Cybot A/S at any time subject to 90 days notice, which will be sent to you by e-mail if you have registrered a user account on our website.
4. Payment and invoicing
4.1. Cookiebot Subscription:
4.1.1. Subscriptions are billed monthly in arrears and are payable by bank transfer or credit card. You must provide us with valid and updated credit card information when signing up for Cookiebot with your credit card. You authorise us to recurrently charge such credit card or bank account for all services you have accepted to buy from our website. By accepting a billing agreement using PayPal, you allow Cybot as merchant to initiate payment collection without further consent from you.
4.1.2. You are obliged to keep your payment details up to date. You can renew your payment authorization via the “My account” menu on our website after login.
4.1.3. We will draw the first month’s Subscription Fee including any applicable VAT one month after you have signed up. If you pay by bank transfer, you must pay your invoice within 30 days of receipt.
4.1.4. 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.
4.2. Cookie Report with no subscription:
4.2.1. A Cookie Report can only be paid by credit card. Immediately after your order submission you will be asked to authorize your credit card. Only when your credit card has been approved, the order is considered to be finally submitted.
4.2.2. Payment for your order is withdrawn from your credit card immediately before the order is delivered to the e-mail address you have provided with your order. Your invoice will be sent to you as a separate PDF file along with the Cookie Report.
4.3. If you pay by credit card, we will defray all transaction fees. If you pay by bank transfer to our accounts in the UK, Germany or Denmark, you are required to defray all transaction costs.
4.4. Local VAT will be charged to customers situated in the EU, except companies that has registred a valid VAT-number with us ("reverse charge"). The exception does not apply to Danish companies. Customers outside the EU will not be charged VAT.
4.5. 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 VAT which will not be refunded.
4.6. All orders will be charged in US Dollars (USD), Euro (EUR), Pound Sterling (GBP), Swiss Franc (CHF), Polish Zloty (PLN), Danish Krone (DKK), Norwegian Krone (NOK) or Swedish Krona (SEK) depending on your account currency setting.
5. Term and Termination
5.1. Cookiebot Subscription:
5.1.1. 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.
5.1.2. You may cancel your subscription any time without notice to expire at the end of the current monthly subscription term. You can cancel your subscription with immediate effect by clicking “Cancel my account” under the “My account” menu on our website. 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 scripts on your website before you cancel your account since the script will not work from the time you cancel your account.
5.1.3. Any payable balance will be finalized and settled within 24 hours after you have terminated your subscription.
5.2. Cookie Report with no subscription:
5.2.1. The Agreement will be effective from the moment you submit an order for our services on our website and until the order has been delivered or the Agreement is terminated by us.
5.3. We reserve the right to terminate the Agreement and to stop the provision of services (i) immediately if your order or 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 A/S 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.
You agree to indemnify and hold harmless Cybot A/S and its parent company and affiliates, and their directors, officers, managers, employees, donors, resellers, 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.
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 A/S 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 have paid in the previous 12 months, if any, for use of products and/or services. Cybot A/S 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 A/S 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.
11.1. 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 A/S, 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 A/S.
12. Governing Law and Venue
12.1. This website is controlled by Cybot A/S, 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:
Company reg. no.: DK34624607