Terms of Service

Cookiebot for Wix by Usercentrics app

Last update: February 28, 2024

1. Agreement Between You and Usercentrics GmbH

The Terms of Service (the “Terms”) govern your acquisition of services as well as all use of services on the Cookiebot for Wix by Usercentrics app, whether free or payable. By accepting the Terms you agree that the Terms form part of the agreement between you and Usercentrics GmbH (“Usercentrics”) (the “Agreement”).
Our services are directed exclusively at Business to Business customers.
The Terms were last updated on February 21, 2024 and are effective between you and Usercentrics as of the date when you install the Cookiebot for Wix by Usercentrics app in the Wix App Market. 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 product changes, and the changes will take effect one month after we have given notice about the changes in the Cookiebot for Wix by Usercentrics app. Your continued use of our services after any changes will constitute acknowledgment and acceptance of the modified Terms. For all other changes, including invoices and subscriptions, please see the guidelines set out in the Wix Terms.
The prevailing Terms shall always be those available in the Wix App Market under the Cookiebot for Wix by Usercentrics app. In the event of any discrepancies between the wording on the Wix App Market or the wording of earlier Terms and these Terms, these Terms prevail.

These Terms as well as all other texts throughout the Cookiebot for Wix by Usercentrics app 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

EU’s General Data Protection Regulation (“GDPR”) and EU’s ePrivacy Directive 2009/136/EC (“ePR”) test.
1. Usercentrics offers a GDPR/ePR test which analyzes and checks whether components provided by Wix and their third party app providers in the Wix App Market are running prior consent or run with full consent as well as giving you a recommendation in what consent category the components should be categorized as to give you an indication of whether or not your website is at risk of non-compliance with the rules relating to online tracking set out in the GDPR and ePR.
2. The domain to be tested will be pulled out from the Wix servers, and you will not provide Usercentrics the domain yourself.
Cookiebot for Wix by Usercentrics App Subscription
1. Subject to the sign-up and installation procedure of the Cookiebot for Wix by Usercentrics app through the Wix App Market where you register an account (“Cookiebot for Wix by Usercentrics account”), Usercentrics will deliver to you the services (“Cookiebot for Wix by Usercentrics app”) described here in the Terms.
2. The Cookiebot for Wix by Usercentrics app is designed as a self-serve business to business (B2B) service for website owners to facilitate compliance with EU legislation concerning the use of components and similar technologies (hereafter jointly referred to as “components”) on your website, to help you obtain the relevant consents to the use of components from the users of your website and to make it possible for the users to withdraw their consent as easy as they gave it via our Privacy Trigger. Usercentrics is solely the software as a service (SaaS) provider, and it is your own responsibility to install the Cookiebot for Wix by Usercentrics app correctly and check the banner on your Wix site, including presenting users with compliant consent requests. The relevant EU legislation is not necessarily implemented in the same way in all EU countries, and we cannot guarantee that using the Cookiebot for Wix by Usercentrics app will automatically lead to compliance with all relevant rules and regulations concerning the use of components or the collection of consents to the use of components. We encourage you to seek local legal advice to ensure compliance with local legislation when implementing the solution on your website and to tailor the wording of the consent requests to be shown on your website.
3. The results of the recurring website scans are shared with you as a report in the Cookiebot for Wix by Usercentrics app.
4. It is your responsibility to ensure that the categorization delivered by Wix and their third party app providers are in accordance with the use of those components on your website. The categories provided by Wix and their third party app providers are forwarded directly into your consent banner as Wix and their third party app providers are the ones in control of any blocking and categorization and categories cannot be altered by you directly. Code inserted directly on the website as embedded code through Wix is your responsibility to ensure it is correctly implemented and classified through Wix’s interface which will forward the category to the Cookiebot for Wix by Usercentrics app. If you disagree with the categorization provided by Wix and/or their third party app partners, please reach out to the app provider and/or remove the app from your site until categorization is in accordance with the use on your site. For example, if a component is classified by Wix or third party app providers as “essential” you should pay special attention to whether that component is actually necessary to enable basic functionality or services the user actively seeks on your website, in accordance with current legislation.
5. Usercentrics may list components as unknown if it is not classified within the Wix platform and these components will be signaled as essential.
6. The purpose description of the components is created by Usercentrics by default and cannot be altered by you as a customer. If you do not agree to the purpose descriptions created by us you always have the option to disable the banner and still have the Cookiebot for Wix by Usercentrics app installed. When the banner is disabled, consent is no longer handled (collected, stored and/or signaled) by the Cookiebot for Wix by Usercentrics app.
7. A user consent is logged and documented by storing the Consent data (Consent ID, Consent Number, Timestamp of the Consent, Opt-in or Opt-out, Banner Language, Customer Setting, Template Version) in a data center with Usercentrics’s cloud vendor, Google Cloud EMEA Ltd. in Germany and Belgium. If you want to receive a copy of the consent log, you need to request the copy using a form from the Usercentrics Support Platform, after which it is your own responsibility to handle the log copy data in accordance with current legislation. After 12 months, the consent data is automatically deleted.
8. If your subscription is managed by an official Cookiebot reseller, the reseller will have access to collected data and configurations when managing your subscription, but the reseller has no right to share, use or sell the collected data and configurations. Collected data and configurations will not be shared with or sold to other third parties by Usercentrics.

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

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 Germany, where the company is established.

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 the Cookiebot for Wix by Usercentrics app. Such support requests must be submitted in writing to the Usercentrics Support Platform.

As a customer, you can submit questions, comments or suggestions using the Usercentrics Support Platform landing page.

If you are dissatisfied with the Cookiebot for Wix by Usercentrics app or anything related to the service provided, please contact Usercentrics in the Usercentrics Support Platform. 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 and functions

Cookiebot Subscription Type
1. This subscription type will include recurring website scans and scan reports, consent banner and a Privacy Trigger on your website.
2. Current subscription fee for the subscription size and extra fees (“Subscription Fee”) can be found in the Cookiebot for Wix by Usercentrics app in the Wix App Market.
3. The pricing may be changed by Usercentrics at any time. Please see the Wix App Market Terms for more information about price changes: https://www.Wix.com/about/app-market-terms
4. Premium Subscription
  1. A Subscription Fee will be charged per app installation of the Cookiebot for Wix by Usercentrics app in the Wix App Market. The Subscription Fee will be charged regardless of your actual usage of the Cookiebot for Wix by Usercentrics app.
  2. The recurring website scans are performed on up to 10,000 pages, defined as unique URLs (“pages”), for the domain related to the Wix site on which the Cookiebot for Wix by Usercentrics app is installed.

4. Payment and Invoicing

All payment and invoicing is handled by Wix. Please see the Wix Terms for more information.

5. Term and Termination

The Agreement and your subscription to our services will be effective from the moment you install our service, Cookiebot for Wix by Usercentrics app, and until the subscription and the Agreement is terminated/uninstalled by you or us.
You may uninstall the Cookiebot for Wix by Usercentrics app in the Wix App Market. You will be billed for the full current billing period, regardless of when you uninstall the Cookiebot for Wix by Usercentrics app. When you uninstall the Cookiebot for Wix by Usercentrics app, the app and the scripts will immediately stop working for those domain(s) and we will respectively remove scripts on your website when you uninstall the Cookiebot for Wix by Usercentrics app. Any payable balance for the Cookiebot for Wix by Usercentrics app will be handled by Wix.
We reserve the right to terminate the Agreement and stop the provision of services (i) immediately if your Subscription Fee is not paid on time, (ii) in case of any material breach of the Agreement by you in accordance with the time frame set out in clause 11.4 or (iii) at any time and without reason subject to six months’ notice.

6. Responsible Use and Conduct

By using the Cookiebot for Wix by Usercentrics app and accessing the information, resources, services, products and tools we providefor 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 thepurposes permitted by (a) these Terms and (b) applicable laws, regulations and generallyaccepted online practices or guidelines.

Wherein, you understand that:

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 the installed Cookiebot for Wix by Usercentrics app.
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.
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.
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.
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.
Attempting to copy, duplicate, reproduce, sell, trade or resell our Resources is strictly prohibited unless otherwise agreed in writing.
The Resources may not be used in any way that is unlawful or which harms Usercentrics as determined by Usercentrics in its sole discretion.
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.
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.
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.
We may provide various open communication tools on the Cookiebot for Wix by Usercentrics app or on external sites that we link to, 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.
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.
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 and applies to content posted via open communication tools as described and does not apply to information that is provided as part of the app installation process necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy for the Cookiebot for Wix by Usercentrics app.
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.

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 Cookiebot for Wix by Usercentrics app account incurred by you or any other person using your Cookiebot for Wix by Usercentrics app account. 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

Data Protection
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/en/wix-privacy-policy.
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.
3. For the processing of personal data on behalf of you as a customer, you will conclude a separate Data Processing Agreement with Usercentrics. In the event of contradictions, their regulations precede these Terms and Conditions.
4. 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.
Confidentiality
1. Each party protects the confidential information of the other party from use or access by unauthorized individuals with reasonable care.
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.
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.
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.
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

By using our 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:
- The use of our Resources will meet your needs or requirements;
- The use of our Resources will be uninterrupted, timely, secure or free from errors;
- The information obtained by using our Resources will be accurate or reliable; nor that
- Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:
- 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
- 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.
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 the 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

All content and materials available at the Cookiebot for Wix by Usercentrics app 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 the Cookiebot for Wix by Usercentrics app is strictly prohibited unless specifically authorized by Usercentrics.
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.
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.
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

The relationship between you and us is exclusively subject to the laws of Germany, with the explicit exclusion of the UN Convention on Contracts for the Sale of Goods.
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 German courts.
Should one or more provisions of these Terms and Conditions be ineffective, the remainder of the contract shall remain effective. The invalid provision shall be replaced by the relevant statutory provision.