Terms of service for privaci.io

These terms and conditions ("Terms") govern your access to and use of the Privaci platform and services, operated by bon.do ApS, company registration (CVR) 43473425, Denmark ("Privaci", "we", "us" or "our"). By creating an account or using our services you accept these Terms in full. If you do not accept the Terms, please do not use the services.

1. Parties

This agreement is entered into between:

• Service provider: bon.do ApS, company registration (CVR) 43473425, with its address in Denmark. Contact: hello@privaci.io.
• Customer: the natural or legal person who creates an account and uses the Privaci services.

If you enter into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

2. Description of the service

Privaci is a SaaS platform (Software as a Service) for cookie compliance and data protection. The services include, among other things:

• Scanning and mapping of cookies and trackers on the customer's website
• Generation and display of the cookie banner and consent dialog
• Management and storage of end users' consent (Consent Management Platform, CMP)
• Google Consent Mode v2
• Reporting and review of consent data
• Other features as described on privaci.io and in the customer's subscription

We reserve the right to change, extend or limit the services with reasonable notice, cf. section 11.

3. Access and account

To use Privaci you must create an account with valid and accurate information. You are responsible for:

• Keeping your login credentials confidential and secure
• All activity that takes place under your account
• Notifying us immediately if you suspect unauthorised access
• Ensuring that the information you register is correct and up to date at all times

You may not create an account if you are under 18, or if you have been excluded from using our services. One account per person or company; creating multiple accounts to circumvent restrictions is not permitted.

4. Use of the service

4.1 Permitted use

You may use Privaci only for lawful purposes and in accordance with these Terms. Permitted use includes:

• Implementing cookie compliance on your own websites and digital services
• Managing consent on behalf of your end users
• Integrating with third-party marketing and analytics tools through the supplied script tag
• Reselling or managing the service on behalf of your customers, if you have an agency agreement with us

4.2 Prohibited use

It is not permitted to:

• Use the service to mislead end users or manipulate consent flows in a way that conflicts with applicable data protection law, including the GDPR
• Attempt to access, alter or delete other customers' data
• Reverse engineer, decompile or otherwise attempt to derive the platform's source code
• Use automated scripts, bots or scraping tools against our systems without prior written permission
• Resell or sublicense the services without a valid agency agreement
• Transfer your account or rights to a third party without our written consent
• Use the service to distribute malware, spam or other harmful content

Important: Privaci is a technical aid for cookie compliance. It is always the customer's responsibility to ensure that the actual use of the platform and the design of consent flows meet applicable law, including the GDPR and the ePrivacy Directive. We recommend seeking legal advice if in doubt.

5. Payment and subscription

5.1 Subscriptions

Privaci is offered in a free tier and one paid product (Pro). The price of Pro follows the page count of the individual site and is stated in Danish kroner (DKK) excluding VAT unless otherwise indicated. The prices in force at any time are shown on the pricing page. We reserve the right to change prices with at least 30 days' notice.

5.2 Invoicing

Subscriptions are billed in advance, monthly or yearly depending on the billing period chosen. Payment is collected automatically through the payment method you have registered. Failure to pay may result in temporary suspension of your access.

5.3 Right of withdrawal and refunds

Consumers have a 14-day right of withdrawal from the creation of the subscription, unless the service has been fully delivered within the withdrawal period and you have accepted that the right of withdrawal thereby lapses. Business customers have no automatic right of withdrawal. Prepaid periods are not refunded on cancellation during a period.

5.4 Taxes and duties

The customer is responsible for paying all taxes and duties, including VAT, associated with the purchase, in accordance with applicable law in the customer's jurisdiction.

6. Intellectual property

All rights to the Privaci platform, including software, design, trademarks, logos and documentation, belong to bon.do ApS or our licensors. These Terms grant you a limited, non-exclusive, non-transferable licence to use the services in accordance with your subscription and these Terms.

You retain full ownership of your own data, including data about your end users' consent. You grant us a limited licence to process that data in order to deliver and improve the services.

You may not use our trademarks, logos or other marks without prior written permission.

7. Limitation of liability

The services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of fitness for a particular purpose, merchantability or freedom from errors.

To the extent permitted by applicable law, bon.do ApS's total liability to the customer is limited to the amount the customer has paid for the services in the 12 months preceding the damaging event.

We are not liable for indirect loss, consequential loss, operational loss, loss of data, lost profit or goodwill, even if we have been made aware of the possibility of such loss.

The limitation of liability does not apply in cases of gross negligence or wilful misconduct on our part, or to the extent that law does not permit a limitation of liability.

8. Confidentiality and data protection

The processing of personal data in connection with the use of Privaci is governed by our privacy policy and, for business customers, a separate data processing agreement in accordance with Article 28 GDPR.

Both parties undertake to treat confidential information about the other party in confidence and not to disclose such information to third parties without prior written consent, unless required by law.

As the controller of your end users' consent data, it is your responsibility to ensure that your use of Privaci complies with applicable data protection law. We make the necessary technical and organisational measures available as a processor.

9. Termination

9.1 Termination by the customer

You may cancel your subscription at any time from your account administration. Cancellation takes effect at the end of the current billing period. You keep access to the services until the period ends.

9.2 Termination by Privaci

We may terminate or suspend your account with immediate effect and without notice if you:

• Materially breach these Terms
• Fail to pay amounts due after a reminder
• Use the service in a way that creates a security risk for us or other customers
• Act in conflict with applicable law

On termination for reasons that are not your breach, we refund proportionally the part of prepaid amounts corresponding to the remaining subscription period.

9.3 Consequences of termination

When the agreement ends, your right to use the services ends. We retain your data for up to 30 days after termination, after which it is deleted unless law requires longer retention. You may request an export of your data before deletion.

10. Governing law and venue

These Terms are governed by Danish law, except for conflict-of-law rules that might lead to the application of another jurisdiction's law.

Any dispute arising out of or connected with these Terms or the use of the services, which cannot be resolved by negotiation, is decided by the Danish courts with the Copenhagen City Court as the court of first instance, unless the value of the dispute warrants another court.

Consumers resident in the EU may also use the European Commission's online dispute resolution body at Forbruger Europa or complain to the relevant consumer body in their home country.

11. Changes to the terms

We reserve the right to change these Terms. For material changes we will notify you by email or through a clear notice in the platform at least 30 days before the changes take effect.

If you continue to use the services after the effective date, you are deemed to have accepted the revised Terms. If you do not wish to accept the changes, you must cancel your subscription before the effective date in accordance with section 9.1.

The version of these Terms in force at any time is available on this page. Earlier versions can be requested from us.

12. Other provisions

12.1 Interpretation

These Terms constitute the entire agreement between the parties regarding the use of the services and replace all previous agreements, oral or written, on the same subject. Headings are for convenience only and carry no legal weight.

12.2 Invalid provisions

If any individual provision of these Terms is found invalid or unenforceable, this does not affect the validity of the remaining provisions, which remain fully in force.

12.3 Assignment

We may assign our rights and obligations under these Terms to a third party, including in connection with a merger, acquisition or sale of assets, with reasonable notice. You may not assign your account or your rights without our written consent.

12.4 Force majeure

Neither party is liable for delay or failure to perform due to circumstances beyond the parties' reasonable control, including natural disasters, war, terrorism, cyberattacks on critical infrastructure, power failures or acts of authorities.

13. Contact

If you have questions about these Terms, or wish to exercise your rights under them, you are welcome to contact us: