Terms of Service
Effective Date: April 15, 2024
1. Acceptance of Terms
These Terms of Service (“Terms”) govern your use of FlexyConsent services provided by Westcoast Technology Limited (“FlexyConsent”, “we”, “us”, or “our”). By accepting these Terms—either by clicking to accept, signing an order form, or registering an account—you agree to these Terms and form a binding agreement with FlexyConsent.
We may periodically update these Terms. If changes are significant, we will notify registered users via email at least one month before the changes take effect. Continued use after changes signifies your acceptance of the revised Terms.
In case of any discrepancies between these Terms and any content on our website, these Terms will prevail. Any additional terms you propose are explicitly rejected and will not be binding.
Translations of these Terms are provided as a convenience; the English version will prevail in case of conflict.
2. Description of Services
2.1 Flexyconsent CMP Subscription
Flexyconsent provides a Consent Management Platform (CMP) service to help manage cookie consents in compliance with EU regulations. However, compliance with local regulations, implementation accuracy, and proper consent language remain your responsibility. We recommend obtaining local legal advice.
You must ensure any cookies labeled as “strictly necessary” comply with current legislation. Users can change consent at any time via a renewal link you must provide on your website.
2.2 Consent Data Handling
Flexyconsent logs user consent data (anonymized IP, browser details, URL, timestamp, encrypted key). You may download this data; proper legal handling thereafter is your responsibility. Flexyconsent deletes logs after 12 months, retaining only anonymized aggregated statistics.
2.3 Data Processing
Flexyconsent acts as your data processor, following your instructions as the data controller. We implement suitable technical and organizational measures for data security as per UK legislation.
2.4 Service Availability and Support
Flexyconsent aims for 99.9% uptime. Critical support requests receive responses within 2 business days; non-critical requests within 10 business days. Support is provided via flexyconsent.com/#contact.
3. Pricing and Payments
Subscription plans and pricing details are available at flexyconsent.com/#pricing. Prices are subject to change with a 30-day notice via email.
Trial subscriptions are free for 14 or 30 days depending on the platform and include full features.
Subscriptions are billed in advance. By subscribing, you authorize recurring payments without further consent.
Keep your payment information updated through your account. Invoices are accessible online via your account.
4. Termination
Subscriptions commence upon registration and continue until canceled by you or FlexyConsent. You may cancel your subscription at any time to expire at the end of the current billing cycle. Upon cancellation, all your data, including consent logs, will be permanently deleted. You must remove all FlexyConsent scripts from your website upon cancellation.
5. Responsible Use and Conduct
You agree to:
Provide accurate registration information and maintain account confidentiality.
Ensure only authorized users access your account.
Use services lawfully and ethically, without disrupting the platform or infringing on FlexyConsent’s rights.
Notify FlexyConsent promptly of any unauthorized activities or infringements. Prohibited actions include unauthorized access, interference, duplication, reverse engineering, reselling of services without prior permission, or harmful or illegal usage.
6. Indemnification
You agree to indemnify FlexyConsent against any claims, damages, or expenses arising from your misuse of the services or violation of these Terms. FlexyConsent may assume control of the defense in any indemnified claim, requiring your full cooperation.
7. Privacy
Your privacy is important. Our Privacy Policy, available at flexyconsent.com/privacy-policy, explains how we handle your data and forms part of these Terms.
8. Warranty and Liability Disclaimers
FlexyConsent services are provided “as-is” and “as-available.” We do not guarantee uninterrupted, error-free service, or that the services will meet your specific needs. You assume responsibility for any damage resulting from using the services. FlexyConsent explicitly disclaims any warranties, express or implied.
Our liability is limited to the amount you paid FlexyConsent in the previous 12 months. FlexyConsent is not liable for indirect, incidental, consequential, or exemplary damages arising from service usage or data loss.
9. Intellectual Property Rights
All materials and resources provided by FlexyConsent are protected intellectual property owned by FlexyConsent. You receive a limited, revocable right of use, not ownership. Unauthorized reproduction, modification, distribution, or embedding in third-party applications is strictly prohibited.
You must confirm adherence to intellectual property rules upon request from FlexyConsent within 15 working days; failure may constitute a breach of these Terms.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of the United Kingdom. Any disputes related to these Terms will be resolved exclusively by UK courts.
11. Contact Information
For any questions or concerns regarding these Terms, contact us at:
Westcoast Technology Limited
71-75 Shelton Street, Covent Garden
London WC2H 9JQ, United Kingdom
Phone: +44 20 7459 4087
Email: support@flexyconsent.com
Company reg. no.: 12008657