PXL Consent

Draft. This document has not been reviewed by a lawyer and is not in force. It will be replaced by the reviewed version before PXL Consent is offered to the public.

Terms of service

Last updated: [date]

These terms apply between [PXL legal entity name], organisation number [number], [address] ("PXL", "we") and the organisation that creates an account for PXL Consent ("the customer", "you"). The person accepting these terms confirms they may bind that organisation.

1. The service

PXL Consent is a service for collecting and recording consent to cookies and similar technologies on websites. It includes the consent banner script, blocking of scripts and embeds, the consent log, cookie scanning and monitoring, the dashboard, the API and the WordPress plugin in connected mode ("the service"). What each plan includes is described on the pricing page.

2. Your responsibility for compliance

The service is a tool. You remain the controller for the personal data of your websites' visitors and responsible for your websites' compliance with the ePrivacy rules (in Norway, ekomloven ยง 3-15), the GDPR and other law that applies to you, including the texts, categories and privacy policy you publish. Checks, scans, warnings and incidents help you find problems; they are not legal advice, and the absence of a warning does not mean a website is compliant.

3. Accounts

  • Keep sign-in credentials secret and use two-factor sign-in for accounts with owner or admin rights.
  • You are responsible for what is done with your organisation's accounts and API keys.
  • Only add websites and domains that you control or are authorised to manage. We may require proof of domain control before a banner goes live.

4. Acceptable use

You must not use the service to deceive visitors about what they consent to, to scan websites you are not authorised to scan, to interfere with the service or other customers, to probe its security without our written permission, or in breach of law.

5. Agencies

An agency may create client organisations and manage them on behalf of its customers. The agency accepts these terms for its client organisations and is responsible for having the authority to do so, for the fees of its clients, and for giving its customers access to their data when asked.

6. Fees, trials and payment

  • Paid plans are billed monthly in advance through our payment provider, Stripe, per active site and at least for the plan's minimum number of sites. Adding or archiving a site changes the amount from that day, prorated. Prices exclude VAT unless stated.
  • A trial converts to a paid subscription at its end unless cancelled before then.
  • If a payment fails, publishing changes is paused until it succeeds. Banners already published keep working and consent is still recorded, so your visitors are never left without a banner because of a payment problem.
  • If payment is more than [30] days overdue, we may end the subscription under section 10.
  • We may change prices with at least [30] days' notice, taking effect from the next billing period.

Fair use

Prices do not depend on traffic, and consent is recorded however many visitors a site has. The service is sized for ordinary websites. If a site's volume is far above that, for example [several million consent records a month], we will contact you to agree on a suitable arrangement. We will not stop recording consent because of volume.

7. Availability

We aim for high availability but do not guarantee uninterrupted service. The banner script and configuration are served from a CDN designed to keep serving the last published banner if other parts of the service are unavailable. Planned maintenance that affects the dashboard or API is announced in advance where practical.

8. Suspension

We may suspend publishing for a site or an organisation if it is used in breach of these terms, if a critical compliance incident remains unacknowledged after we have notified you, or if continued operation would harm visitors, other customers or the service. We tell you why, and lift the suspension when the reason is resolved. While suspended, published banners keep being served and consent is still recorded, unless the suspension is for unlawful use.

9. Data

Consent records and other data about your websites' visitors are processed on your behalf under the data processing agreement, which forms part of these terms. Data about your own users and your account is handled as described in the privacy policy. You can export consent records at any time while your account is active.

10. Term and termination

  • Subscriptions run month to month. You can cancel at any time; cancellation takes effect at the end of the paid period.
  • Either party may terminate with immediate effect if the other materially breaches these terms and does not remedy the breach within [14] days of notice.
  • After termination you have [30] days to export your consent records, after which we delete them as described in the data processing agreement. Stop loading the banner script from your websites before the account is closed.

11. Liability

[Liability cap, exclusion of indirect loss, and carve-outs to be drafted by counsel. Consider: cap at fees paid in the preceding 12 months; exclusions for fines imposed on the customer as controller; no cap for gross negligence or wilful misconduct.]

12. Changes to these terms

We may change these terms. We give at least [30] days' notice of material changes by email to the organisation's owners. Continued use after the change takes effect means acceptance; if you do not accept, you may cancel before then.

13. Governing law

These terms are governed by Norwegian law. Disputes go to [Oslo tingrett] as the agreed venue.

Contact

[contact address]