1. Agreement Between You and Westcoast Technology Limited

1.1. These Terms of Service (the “Terms”) govern your acquisition and use of services on our website flexyconsent.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 form part of the agreement between you and Westcoast Technology Limited (“Flexyconsent”) (the “Agreement”).

1.2. These Terms were last updated on April 15th, 2024, and are effective between you and Flexyconsent as of the date when you place an order or set up an account at flexyconsent.com. Flexyconsent reserves the right to change these Terms from time to time. If such changes are considered material, the company 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 such changes will constitute acknowledgment and acceptance of the modified Terms.

1.3. In case of any discrepancies between the wording of our website and these Terms, these Terms prevail.  Any additional or different terms or conditions proposed by you (whether by order, purchase order, counter-offer, acknowledgment, electronic data interchange, or otherwise) are hereby expressly objected to and will not be in any way binding upon Flexyconsent.

1.4. 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 versions which will prevail in the event of any discrepancy between the English version and the translation. Flexyconsent 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. When in doubt, please always refer to the official English language version.

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

2.1. Flexyconsent CMP 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), Flexyconsent will deliver to you the services (“Flexyconsent CMP”) described on our website.

2.1.2. Flexyconsent Consent Management Platform (CMP) is designed as a service to facilitate compliance with EU regulations concerning the use of cookies on your website and to help you obtain relevant consent to the use of cookies from the users of your website. Flexyconsent is only the service provider of the IT infrastructure, and it is your own responsibility to ensure correct implementation and provide relevant input to the system, including drafting an appropriate wording of the request for consent and providing the necessary information to the users of your website in order to obtain an “informed”, “prior” and “implied” or “explicit” consent as appropriate. The relevant EU legislation is not necessarily implemented in the same way in all EU countries, and we cannot guarantee that using Flexyconsent CMP will automatically lead to compliance with all relevant rules and regulations concerning the use of cookies or the collection of consents to the use of cookies. 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 to be shown on your website.

2.1.3. If you use Flexyconsent CMP to exempt specific strictly necessary cookies in case a user declines the use of cookies, it is your responsibility to ensure that such cookies are strictly necessary to enable the basic functionality that the user actively seeks on your website in accordance with current legislation.

2.1.4. A user can change consent at any time by clicking a link that activates Flexyconsent CMP’s “renew” method. This requires that you insert a link to the method from your website, e.g. from your website privacy policy.

2.1.5. 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. You may download a copy of the consent log from the Flexyconsent CMP after which it is your own responsibility to handle the log copy data in accordance with current legislation. After 12 months, the consent is automatically deleted from our log and then used only in an aggregated, anonymized form as part of the statistics that you have access to in Flexyconsent CMP.

2.2. Flexyconsent is the data processor and acts only on instruction by you as the data controller. Flexyconsent 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. Flexyconsent is subject to the safeguards provided for in the legislation of the United Kingdom, where the company is established.

2.3. Flexyconsent 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).

2.4. Flexyconsent CMP is a self-serve service. As a customer, you can submit questions, comments, or suggestions using the contact form at flexyconsent.com/#contact. If you are dissatisfied with the service provided, please contact Flexyconsent. If the case cannot be resolved, you can use the European Commission’s online complaint portal at ec.europa.eu/consumers/odr/.

3. Prices

3.1. Flexyconsent CMP Subscription

3.1.1. You may select from and sign up for the different subscription levels described on our website from time to time.  Specific features for each subscription level are set forth on our website.

3.1.2. Current prices can be found at flexyconsent.com/#pricing

3.1.3. The prices may be changed by Flexyconsent at any time subject to 90 days’ notice which will be sent to you by email if you have registered a user account on our website.

3.1.4. Trial Version If you sign up for a trial version of Flexyconsent CMP, you may use the service free of charge for 30 days. The trial version allows access to all functions of the plan selected.

4. Payment and Invoicing

4.1. Subscriptions are billed yearly in advance and are payable by PayPal or credit card. You authorize us to recurrently charge your credit card for all services you have agreed to buy from our website. By accepting a billing agreement using PayPal, you authorize Westcoast Technology Limited as a merchant to initiate payment collection without further consent from you.

4.2. 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.

4.3. We will draw the first year’s subscription fee including any applicable VAT once you subscribe to the service

4.5. Whether the subscription fee is paid by PayPal or credit card, invoices will be sent to the email address registered on your Flexyconsent CMP account. When you log into Flexyconsent CMP, you can view and download invoices issued to you under the “Payments” menu.

4.7. You may change the payment term on your user account at flexyconsent.com at any time.

5. Term and Termination

5.1. 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 are terminated by you or us.

5.2. You may cancel your subscription or remove a domain from your configuration at any time without notice to expire at the end of the current billing period. You can cancel your subscription by clicking “Cancel my account” under the “Subscriptions” 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 Flexyconsent CMP scripts on your website before you cancel your account since the scripts will not work from the time you cancel your account.

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 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 may occur under your account(s).

c. 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.

d. 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 to any third party.

e. 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.

f. 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.

g. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited unless otherwise agreed in writing.

h. The Resources may not be used in any way that is unlawful or which harms Flexyconsent as determined by Flexyconsent in its sole discretion.

i. You must use your best efforts to cooperate with and assist Flexyconsent in identifying and preventing any unauthorized use, copying, or disclosure of the Resources or any portion thereof.

j. 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 Flexyconsent in connection with your use of the Resources, you must notify Flexyconsent as soon as possible.

k. You are solely responsible for any consequence, loss, or damage that Flexyconsent 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.

l. 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 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 to our website it is your 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, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of improper or inappropriate 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; or

iv. Impersonates any person or entity, including any Flexyconsent employees or representatives.

m. 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 with 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 waive any claim against us.

n. We do not assume any liability for any content posted by you or any other third-party users of our website. However, any content posted by you using any open communication tools on our website, provided that it does not violate or infringe on any third-party copyrights or trademarks, becomes the property of Flexyconsent, 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.

7. Indemnification

You agree to indemnify and hold harmless Flexyconsent 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, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or the failure to fulfill 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 defense of any claim for which we are entitled to indemnification under these Terms. In such event, you must provide us with such cooperation as is reasonably requested by us.

8. Privacy

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 flexyconsent.com/privacy-policy

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:

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; nor that

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 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

b. no information or advice, whether expressed, implied, oral, or written, obtained by you from Flexyconsent 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, Flexyconsent 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. Flexyconsent will not be liable for any direct, indirect, incidental, consequential, or exemplary loss or damage 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 flexyconsent.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 Flexyconsent 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 Flexyconsent.

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. Flexyconsent 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 Flexyconsent, 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 of receiving the request, this may be considered, at Flexyconsent’s sole discretion, a material breach of these Terms.

12. Governing Law and Venue

12.1. This website is controlled by Westcoast Technology Limited, United Kingdom. By accessing our website or buying our services, you agree that the laws of The United Kingdom, 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 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 applicable court in The United Kingdom.

13. Contact Information

If you have any questions or comments about these Terms of Service as outlined above, you can 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