Terms of Service – Privacy Policy Generator by Usercentrics

Last update: June 1, 2024

1. Agreement Between You and Usercentrics A/S

1.1. The Terms of Service (the “Terms”) govern your acquisition of as well as all use of our Privacy Policy Generator  on our website www.cookiebot.com. By accepting the Terms, either by clicking a box indicating your acceptance or any document referring to the Terms, you agree that the Terms form part of the agreement between you and Usercentrics A/S (“Usercentrics”) (the “Agreement”).

1.2. Our services are directed exclusively at Business to Business customers.

1.3. The Terms were last updated on June 1, 2024 and are effective between you and Usercentrics as of the date when you start using our services at www.cookiebot.com. Usercentrics reserves the right to change the Terms from time to time. If such changes are considered material, Usercentrics will inform registered customers about the changes by email, and the changes will take effect one month after such emails have been sent. Your continued use of our website or services after any changes will constitute acknowledgment and acceptance of the modified Terms.

1.4. The prevailing Terms shall always be those available on our website www.cookiebot.com. In the event of any discrepancies between the wording of our website or the wording of earlier Terms and these Terms, these Terms prevail.

1.5. These Terms as well as all other texts throughout the website are translated from English to other languages. These are unofficial translations and are only provided as convenience translations. They should therefore be interpreted in accordance with their English language version which will prevail in the event of any discrepancy between the English version and the translation. Usercentrics assumes no liability for any errors, omissions or ambiguities in the translations. Any person or entity choosing to rely on the translated content does so at their own risk. If in doubt, please always refer to the official English language version.

2. The Services We Deliver – and What You Need to Do

2.1. Privacy Policy Generator by Usercentrics

2.1.1. Subject to the use of our online form on our website, Usercentrics will deliver a privacy policy template (“Privacy Policy Generator”) described on our website.

2.1.2. The Privacy Policy Generator is designed as a self-service business to business (B2B) service for website owners to facilitate compliance with EU legislations (EU/GDPR/ePD) concerning clear communication to users on your website about your data collection and use practices.

2.1.3. You will receive a fully customized and editable version of the privacy policy generated to your specific requirements.

2.1.4. It is your responsibility to ensure that you include the right information in the form and the information is spelled correctly. You warrant that you are the rightful owner of the privacy policy template created.

2.1.5. For the cookie declaration, you need to register an account (“Cookiebot CMP account”). More information can be found here https://www.cookiebot.com/en/terms-of-service/

2.2. If Usercentrics acts as a data processor in accordance with the information provided in our Privacy Policy as described in clause 8.

2.3. Usercentrics takes the 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. Usercentrics is subject to the safeguards provided for in the legislation of Denmark, where the company is established.

2.4. Usercentrics 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 support requests related to critical bugs (high impact, high urgency) and unscheduled downtime of our services Cookiebot CMP. Such support requests must be submitted in writing to our helpdesk as described on www.cookiebot.com/goto/helpdesk.

2.5. Our services are self-serve services, cf. clause 2.2.2. As a customer, you can submit questions, comments or suggestions using the helpdesk as described on www.cookiebot.com/goto/helpdesk.

2.6. If you are dissatisfied with our services or anything related to the services provided, please contact Usercentrics as described on www.cookiebot.com/goto/helpdesk. If the case cannot be resolved, you can use the European Commission’s online complaint portal at https://ec.europa.eu/consumers/odr/.

3. Pricing

3.1. Privacy Policy Generator by Usercentrics pricing

3.1.1. Current fees for the use of our Privacy Policy Generator by Usercentrics (“Payment Fee”) can be found at www.cookiebot.com/en/privacy-policy-generator/

4. Payment

4.1.1. Payment can be made through various payment methods we have available, such as credit card, Nexi, PayPal or invoice.

4.1.2. Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your order.

5. Term and Termination

5.1. The Agreement and your use of our Privacy Policy Generator will be effective from the moment you start using the service on our website.

5.2. As it is as one-time free paid for the use of the Privacy Policy Generator, no termination is possible.

6. Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products and tools we provide for you, both free and payable, either directly or indirectly, including the tools mentioned in clause 6(l) (the “Resources”), you agree to use these Resources only for the purposes permitted by (a) these Terms and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

1. 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.
2. 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).
3. You may only permit authorized users who possess rightfully obtained login information to use the Resources, and you must ensure that anyone who uses the Resources does so only for your authorized use and complies with these Terms.
4. You may not make the Resources or any login information available to any third party, including, without limitation, in any form by rental, service bureau, hosting, time sharing arrangement or demonstration of the Resources.
5. 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 illegal, automated, unethical or unconventional means.
6. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks at which our Resources are located or to which they are connected, is strictly prohibited. This includes restricting in any way any other authorized user from using the Resources.
7. Attempting to copy, duplicate, reproduce, sell, trade or resell our Resources is strictly prohibited unless otherwise agreed in writing.
8. The Resources may not be used in any way that is unlawful or which harms Usercentrics as determined by Usercentrics in its sole discretion.
9. You must use your best efforts to cooperate with and assist Usercentrics in identifying and preventing any unauthorized use, copying or disclosure of the Resources or any portion thereof.
10. If you learn of any actual or threatened infringement of the Resources through piracy, or if any piracy claim is made against you by a party other than Usercentrics in connection with your use of the Resources, you must notify Usercentrics as soon as possible.
11. You are solely responsible for any consequence, loss or damage that Usercentrics may directly or indirectly incur or suffer due to any unauthorized activities conducted by you as described above and which may incur criminal or civil liability.
12. We may provide various open communication tools on our website or on external sites that we link to from 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 we do not generally 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 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:
    1. Is illegal, threatening, defamatory, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist or contains any type of improper or inappropriate language;
    2. Infringes on any trademark, patent, trade secret, design, technical, copyright or other proprietary right of any party;
    3. Contains any type of unauthorized or unsolicited advertising; or
    4. Impersonates any person or entity, including any Usercentrics employees or representatives.
13. We have the right to remove, at our sole discretion, any content that we find in our judgment does not comply with these Terms along with any content that we find to be otherwise offensive, harmful, objectionable, inaccurate or in violation of any third-party copyrights or trademarks. We are not responsible for any delay or failure in relation to the removal of such content. If you post content that we choose to remove, you hereby consent to such removal, and you also consent to waiving any claim against us.
14. We do not assume any liability for any content posted by you or any other third-party users cf. clause 6(l). However, any content posted by you using any open communication tools, cf. clause 6(l), provided that it does not violate or infringe on any third-party copyrights or trademarks, becomes the property of Usercentrics, and as such this gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute it as we see fit. This only refers to and applies to content posted via open communication tools as described and does not apply 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.
15. Further, we may provide links to external websites of third parties on whose contents we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the contents of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal content was not recognizable at the time of linking. However, a permanent content control of the linked pages is not reasonable without concrete evidence of an infringement. Upon notification of violations, we will remove such links immediately.
16. As a customer, you grant Usercentrics the right, which may be revoked at any time, to use your name and logo as a reference for Usercentrics’ own advertising purposes for the duration of the contract. To revoke, please contact [email protected].

7. Indemnification

You agree to indemnify and hold harmless Usercentrics and its parent company and subsidiaries or affiliates and their executive officers, managers, employees, donors, resellers, agents and licensees for and against all losses, expenses, damages, fines, penalties and costs, including attorneys’ fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your use of our services incurred by you or any other person using our other services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such an event, you must provide us with such cooperation as is reasonably requested by us, hereunder but not limited to access to relevant data and documentation.

8. Data Protection and Confidentiality

8.1. Data Protection

8.1.1. Your privacy is very important to us, and this is why we have 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, please visit www.cookiebot.com/goto/privacypolicy.

8.1.2. In order to enter into a contract regarding the purchase of Usercentrics’s Service, you must provide us with the required personal data. If you do not provide us with all the required information, it will not be possible to deliver the Service.

8.1.3. You may request a data protection audit performed by an independent third party who is also accepted by Usercentrics. You will pay €5,000 plus applicable taxes for an audit request along with €200 per hour Usercentrics is spending in connection with the audit as well as any other costs related to the audit, including the auditor.

8.2. Confidentiality

8.2.1. Each party protects the confidential information of the other party from use or access by unauthorized individuals with reasonable care.

8.2.2. “Confidential Information” means (i) any information exchanged between the parties in the context of or in connection with this Agreement, either expressly marked in writing as “confidential” or in a similar manner, (ii) oral information expressly designated by the issuing party as confidential, and (iii) regardless of the above provisions, any information from which it is clear that they need to be kept confidential.

8.2.3. The obligation of confidentiality does not apply to information that is already generally known at the time of conclusion of the contract or which can verifiably become subsequently known without breach of the contractual obligations. The obligation of confidentiality also does not apply to confidential information to the extent that the disclosing party may prove to them that it (i) has obtained or received it lawfully from third parties; (ii) for the provision of contractual services to the other party, must be passed on to third parties legitimately engaged for this purpose; (iii) must be disclosed by law or by decision of a court or an order of an authority; or (iv) by professionally committed advisors and lawyers.

8.2.4. In the event that one of the parties has reason to believe that there has been an unauthorized loss, access or disclosure of the other party’s confidential information, it shall notify the other party without delay.

8.2.5. Nothing herein shall limit Usercentrics from disclosing the terms of this contract to potential financing sources, security holders, strategic partners and advisors.

9. Disclaimer of Warranty

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:

1. The use of our Resources will meet your needs or requirements;
2. The use of our Resources will be uninterrupted, timely, secure or free from errors;
3. The information obtained by using our Resources will be accurate or reliable; nor that
4. 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:

1. Any content downloaded or otherwise obtained through the use of our Resources is downloaded or obtained at your own discretion and risk; 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; and that
2. No information or advice, whether expressed, implied, oral or written, obtained by you from Usercentrics or through any Resources we provide will create any warranty, guarantee or conditions of any kind, except for those expressly outlined in these Terms.

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

10. Limitation of Liability

In conjunction with the Disclaimer of Warranty as explained above, you expressly understand and agree that any claim against us will be limited to the amount you have paid in the previous 12 months, if any, for use of products and/or services. Usercentrics will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damage, including fines and penalties, 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 allow.

11. Copyrights/Trademarks

11.1. All content and materials available at www.cookiebot.com defined as the Resources in clause 6, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Usercentrics 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 Usercentrics.

11.2. These Terms do not grant you any ownership interest in or to our Resources but only a limited right of use that is revocable in accordance with these Terms or the Agreement. Usercentrics does not grant any license or other right to use any of our trademarks, service marks, copyrightable material or other intellectual property except as expressly provided in these Terms or agreed to in writing.

11.3. In addition, you agree to refrain from any act which in any way compromises our Resources, including but not limited to: (i) reverse engineering, reverse compiling, decrypting, disassembling or otherwise attempting to derive the source code of the Resource; (ii) modifying, translating or creating derivative works of the Resources; (iii) sublicensing, reselling, renting, leasing, distributing, marketing, commercializing or otherwise transferring rights or usage to the Resources; or (iv) embedding the Resources in any third-party applications unless explicitly permitted.

11.4. Upon request from Usercentrics, you must be able and ready to confirm at any given time that you adhere to the provisions of this clause. If you fail to deliver such confirmation within 15 working days from receiving the request, this may be considered, at Usercentrics’s sole discretion, a material breach of these Terms.

12. Governing Law and Venue

12.1. The relationship between you and us is exclusively subject to the laws of Denmark, with the explicit exclusion of the UN Convention on Contracts for the Sale of Goods.

12.2. In the event of any dispute or disagreement arising under or in connection with these Terms or the Agreement (including a dispute or disagreement as to the validity of the Terms or the Agreement), such dispute or disagreement will be referred to and resolved under the exclusive jurisdiction of the Danish courts.

12.3. Should one or more provisions of these Terms and Conditions be ineffective, th