Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Concentio website, platform, and related services (collectively, the "Services"). By creating an account, accessing the Services, or using the Services, you agree to be bound by these Terms.

If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, "you" and "your" refer to that entity.

1. Service description

Concentio provides a consent management platform (CMP) designed to help website operators manage consent and support privacy compliance workflows. Depending on the plan and product configuration, the Services may include features such as:

• website scanning;
• vendor detection;
• consent banner configuration and management;
• script management or blocking functionality;
• consent record storage;
• reporting and audit-related functionality; and
• usage metering, including session-based billing metrics.

Concentio may add, change, suspend, or discontinue features from time to time. We will use reasonable efforts to avoid materially reducing core paid functionality without appropriate notice, where practical.

2. Eligibility and account registration

To use the Services, you must create an account and provide accurate, complete, and up-to-date information.

You agree that:

• you will provide a valid email address and other required registration information;
• you will keep your account information up to date;
• you are responsible for maintaining the confidentiality of your login credentials;
• you are responsible for all activity occurring under your account, except to the extent caused by our breach of these Terms or failure to use reasonable security measures; and
• you are at least 18 years old, or otherwise have the legal capacity and authority to enter into these Terms.

You must promptly notify us at [email protected] if you become aware of unauthorized access to your account.

3. Customer responsibilities

You are responsible for your use of the Services and for your implementation of the Concentio CMP on your websites, apps, or digital properties.

In particular, you are responsible for:

• determining whether and how to use the Services in light of the laws and regulations applicable to your business;
• configuring banners, categories, text, and consent flows appropriately for your jurisdictions and use cases;
• ensuring that information you provide through the Services is accurate and lawful;
• obtaining any permissions, notices, or consents required for your implementation; and
• reviewing and validating your configuration before publishing it to your end users.

Concentio provides tools that are designed to support consent management and privacy operations, but Concentio does not provide legal advice and does not guarantee that your use of the Services will make you compliant with any law, regulation, framework, or regulatory guidance.

4. Acceptable use and prohibited conduct

You may use the Services only in compliance with these Terms and applicable law.

You must not, and must not permit any third party to:

• use the Services for unlawful, fraudulent, deceptive, or abusive purposes;
• interfere with, disrupt, damage, or compromise the integrity, security, or performance of the Services or related systems;
• attempt to gain unauthorized access to the Services, other accounts, or related infrastructure;
• reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code, trade secrets, or underlying ideas from the Services, except to the extent such restriction is prohibited by applicable law;
• use the Services to store, transmit, or process data in violation of applicable privacy, data protection, or other laws;
• use the Services to upload malicious code, malware, or harmful scripts;
• use automated methods to access or scrape the Services in a way that imposes an unreasonable burden or circumvents technical protections;
• resell, sublicense, lease, or provide the Services to third parties except as expressly authorized in writing by Concentio; or
• use the Services in a way that infringes the rights of Concentio or any third party.

5. Customer data and data processing

As between you and Concentio, you remain responsible for the personal data collected through your implementation of the Services on your own websites or properties, except to the extent applicable law or contract states otherwise.

When Concentio processes customer-controlled personal data on your behalf in connection with the Services, Concentio generally acts as a processor or service provider, and you generally act as the controller or business.

Depending on your implementation and configuration, customer-controlled data may include consent-related records, timestamps, technical metadata, configuration data, and other information necessary to provide the Services.

If required by applicable law or requested in connection with your subscription, a Data Processing Agreement ("DPA") may be made available by Concentio.

You represent and warrant that you have all rights, notices, permissions, and legal bases necessary for Concentio to process customer-controlled data as contemplated by the Services and your instructions.

6. Billing and payment

Paid subscriptions, if offered, are billed according to the plan, pricing, and billing terms presented to you at the time of purchase or in an applicable order form.

This may include session-based pricing, subscription pricing, usage-based pricing, or a combination of these.

If you purchase a paid plan:

• you authorize Concentio and its payment processor to charge the applicable fees, taxes, and other charges;
• you are responsible for providing complete and accurate billing information;
• fees are generally non-refundable except as required by law or expressly stated otherwise; and
• subscription renewals may occur automatically unless canceled before the renewal date.

Concentio may suspend or limit access to paid Services for overdue amounts.

7. Third-party services

The Services may integrate with or depend on third-party products, services, or infrastructure providers, including payment processors such as Stripe.

Your use of third-party services may be subject to the terms and privacy policies of those third parties. Concentio is not responsible for third-party services, nor for their availability, security, performance, or legal terms.

Links to external websites or services are provided for convenience only and do not imply endorsement.

8. Intellectual property

Concentio and its licensors retain all right, title, and interest in and to the Services, including all software, technology, documentation, content, branding, designs, and other materials, together with all related intellectual property rights.

Subject to these Terms and your payment of applicable fees, Concentio grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription term for your internal business purposes.

Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, sublicense, publicly display, publicly perform, create derivative works from, or otherwise exploit any part of the Services without Concentio's prior written consent.

You retain any rights you own in the content, data, text, or materials you submit to the Services, subject to the rights needed by Concentio to host, process, transmit, and otherwise use that material to provide, secure, support, and improve the Services in accordance with these Terms and applicable agreements.

9. Availability and changes to the Services

Concentio works to keep the Services available and functioning, but does not guarantee uninterrupted or error-free operation.

The Services may occasionally be unavailable due to maintenance, updates, network issues, security events, third-party failures, or other causes beyond our reasonable control.

We may modify the Services from time to time, including to improve functionality, comply with legal requirements, address security risks, or reflect product changes.

10. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.

Concentio disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Without limiting the above, Concentio does not warrant that:

• the Services will be uninterrupted, timely, secure, or error-free;
• defects will be corrected;
• the Services will be compatible with every environment, website setup, or jurisdictional requirement; or
• use of the Services will ensure legal or regulatory compliance.

You acknowledge that legal and regulatory compliance depends on many factors outside Concentio's control, including your own implementation, configuration, disclosures, vendor ecosystem, jurisdictions, and legal obligations.

11. Limitation of liability

To the maximum extent permitted by applicable law:

• Concentio will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, business, goodwill, data, or anticipated savings, even if advised of the possibility of such damages.
• Concentio's aggregate liability arising out of or relating to these Terms or the Services will not exceed the total amount you paid to Concentio for the Services during the 12 months immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability to the extent such liability cannot be excluded or limited under applicable law.

12. Indemnity

You agree to defend, indemnify, and hold harmless Concentio and its affiliates, officers, directors, employees, and agents from and against claims, liabilities, damages, losses, and expenses arising out of or related to:

• your use of the Services in violation of these Terms;
• your breach of applicable law;
• your infringement of any third-party rights; or
• your implementation, configuration, notices, consent flows, or other compliance decisions on your websites or properties.

This section applies only to the extent permitted by applicable law.

13. Suspension and termination

You may stop using the Services or cancel your account at any time, subject to any active subscription commitments or order terms.

Concentio may suspend or terminate your access to the Services if:

• you materially breach these Terms;
• you fail to pay applicable fees;
• your use of the Services creates security, legal, or operational risk;
• we are required to do so by law; or
• continued provision of the Services is no longer commercially or technically feasible.

Where appropriate, we will use reasonable efforts to provide notice and an opportunity to cure before suspension or termination.

Following termination, we may delete or anonymize data in accordance with our retention practices, contractual obligations, and applicable law.

14. Changes to these Terms

We may update these Terms from time to time.

If we make material changes, we may provide notice by email, through the Services, or by posting an updated version with a revised effective date. Your continued use of the Services after the updated Terms take effect constitutes acceptance of the revised Terms, unless applicable law requires a different process.

15. Governing law and disputes

These Terms are governed by the laws of Denmark, without regard to conflict of law principles.

The courts located in Retten i Odense (Court of Odense), Denmark will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Services, unless applicable law requires otherwise.

16. General terms

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Concentio's failure to enforce any provision of these Terms is not a waiver of that provision.

You may not assign or transfer these Terms without Concentio's prior written consent, except in connection with a permitted merger, acquisition, or sale of substantially all assets. Concentio may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

These Terms, together with any applicable order form, subscription terms, DPA, or other incorporated documents, constitute the entire agreement between you and Concentio regarding the Services, unless superseded by a separate written agreement.

17. Contact

If you have questions about these Terms, please contact us at:

• Email: [email protected]
• Postal address: TODO_REGISTERED_ADDRESS, Odense, Denmark