1. Eligibility and authority
You must be at least 16 years old (18 in the United States) to create an account. If you accept these Terms on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers to both you personally and that organisation.
2. The Service
cookiej.ar provides a consent management platform: a cookie-discovery scanner, a configurable consent banner script, a customer dashboard, and supporting APIs (collectively, the "Service"). We may improve, modify, or discontinue features with reasonable notice.
3. Your account
You are responsible for safeguarding your credentials and for all activity under your account. Notify us at security@cookiej.ar without undue delay if you suspect unauthorised access.
4. Subscription, fees, and auto-renewal
Paid plans renew automatically at the end of each billing period (monthly or annual, as selected) at the then-current price for your plan, unless cancelled before renewal. We do not automatically charge page-load overages. At 100% of the monthly page-load cap we email the account owner; at 120% we also show a dashboard banner. Purchased extra-domain add-ons may be charged separately. We may change prices on at least 30 days' notice; changes apply from the next renewal.
5. Cancellation and refunds
You may cancel at any time from /app/billing; cancellation stops the next renewal but does not refund the current period (except where required by law). Consumers in the EU/UK have the statutory withdrawal/cooling-off rights described below in the jurisdiction-specific section. We do not provide pro-rata refunds for partial months on the Crumb or Jar plans; Pantry+ enterprise contracts are governed by the executed order form.
6. Customer responsibilities (data Controller)
You acknowledge that, with respect to End User personal data captured via the consent banner you deploy on your websites, you act as the data Controller (or business, as applicable) and we act as your Processor (or service provider). You are solely responsible for: (a) the lawfulness of the cookies and trackers you choose to allow on your sites; (b) maintaining a current Privacy Policy and Cookie Policy on each site; (c) configuring categories accurately; and (d) honouring End User opt-outs in your downstream tools.
7. Data Processing Addendum
Our Data Processing Addendum at /legal/dpa, incorporating EU Standard Contractual Clauses (Decision 2021/914) and the UK International Data Transfer Addendum where applicable, is incorporated by reference and forms part of these Terms. By accepting these Terms you also accept the DPA on behalf of yourself and your organisation.
8. Sub-processors
We use the Sub-processors listed at /legal/sub-processors to deliver the Service. We will give at least 30 days' notice (by email and in-product banner) before adding or replacing a Sub-processor. You may object on reasonable grounds; if we cannot accommodate your objection, you may terminate the affected portion of the Service for a pro-rata refund.
9. Acceptable Use
Your use of the Service is subject to our Acceptable Use Policy at /legal/aup. Material or repeated breach is grounds for suspension or termination.
10. Service level and support
Paid plans are subject to the Service Level Agreement at /legal/sla, which sets out our uptime commitment, service credits, and support response targets. Service credits are your sole and exclusive remedy for failure to meet uptime targets.
11. Personal data breach notification
We will notify you without undue delay, and in any event within 72 hours of becoming aware of a confirmed Personal Data Breach affecting your data, with the information required under Art. 33(3) GDPR (or equivalent law) to the extent then known.
12. Intellectual property
We retain all rights, title, and interest in the Service, including the script, dashboard, documentation, and trademarks. You retain all rights in your data and your sites. You grant us a limited licence to host, copy, transmit, and display your data solely as needed to provide the Service.
13. Confidentiality
Each party will protect the other's non-public information with at least the same care it uses for its own confidential information (and never less than a reasonable standard of care), and use it only as needed to perform under these Terms.
14. Disclaimer of warranties
Except as expressly stated, the Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all implied warranties (merchantability, fitness for a particular purpose, non-infringement) and do not warrant that the Service will be uninterrupted, error-free, or that it will, by itself, render your website compliant with any specific privacy law. Compliance is a shared responsibility.
15. Limitation of liability
To the fullest extent permitted by law: (a) neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data; and (b) each party's total aggregate liability arising out of or relating to these Terms (including the DPA) is limited to the amounts paid or payable by you to us for the Service in the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law (including for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or — under the GDPR — administrative fines properly imposed on the responsible party).
16. Indemnification by Customer
You will defend, indemnify, and hold us harmless from and against any third-party claim, loss, damage, fine, or expense (including reasonable legal fees) arising out of: (a) your or your end users' violation of applicable privacy or marketing law; (b) cookies, scripts, or trackers you choose to allow via the Service; (c) the content, products, or services on websites where you deploy the Service; or (d) your breach of the AUP.
17. Indemnification by us
We will defend you against any third-party claim alleging that the Service, used in accordance with these Terms, infringes that third party's intellectual-property rights, and pay damages finally awarded against you, subject to the cap in clause 15.
18. Suspension
We may suspend the Service (in whole or in part) immediately if: (a) your account is more than 15 days past due; (b) we reasonably believe continued provision creates a security risk to us, you, or third parties; or (c) you materially breach the AUP. Where practicable, we will give prior notice and an opportunity to cure.
19. Term and termination
These Terms apply from the date you accept them until your account is closed. Either party may terminate for material breach not cured within 30 days of written notice. On termination, your right to use the Service ends immediately; we will delete or return your data as set out in the DPA.
20. Beta features
Features marked "beta", "preview", or "experimental" are provided as-is, may be changed or withdrawn at any time, and are not covered by the SLA or by the warranty/indemnity sections of these Terms.
21. Changes to these Terms
We may update these Terms from time to time. For material changes (including changes to fees, liability, or your data rights) we will give at least 30 days' notice by email and in-product banner, and you will be re-prompted to accept the new version on next sign-in. Continued use after the effective date constitutes acceptance.
22. Force majeure
Neither party is liable for failure or delay caused by events beyond its reasonable control (e.g. natural disasters, war, terrorism, civil unrest, government action, internet or power outages, third-party infrastructure failures).
23. Notices
Notices to us: legal@cookiej.ar. Notices to you: the email address on your account, or the in-product notice surface. Notices are effective when sent.
24. Assignment and subcontracting
You may not assign these Terms without our prior written consent (not unreasonably withheld), except to an affiliate or to a successor in connection with a merger, acquisition, or sale of substantially all assets. We may assign these Terms to an affiliate or successor on notice.
25. Entire agreement; severability
These Terms (with the DPA, AUP, SLA and any executed order form) constitute the entire agreement between us and supersede all prior agreements on the subject. If any provision is held unenforceable, the remainder continues in full force.
26. Governing law (US)
These Terms are governed by Delaware law, without regard to conflict-of-laws rules. Venue: state and federal courts located in Wilmington, Delaware. Each party waives any objection to that venue and any right to a jury trial.
27. Arbitration and class waiver
Disputes that cannot be resolved informally within 30 days will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. You waive the right to participate in a class action or class arbitration. Opt-out: email legal@cookiej.ar within 30 days of first acceptance with the subject "Arbitration Opt-Out".
28. Auto-renewal disclosure (US states)
By providing payment information you authorise us to charge the recurring subscription fee, plus any usage-based charges, to your payment method at the start of each billing period until you cancel. Cancel at any time from /app/billing.
[ Useful references ]
This is a simplified summary. Contact legal@cookiejar.example for the full executed version.