Last Updated: March 24, 2025
TrustCookie, Inc. ("TrustCookie," "we," "us," or "our") provides a cookie consent management platform and related services (collectively, the "Services") that help website owners and operators comply with various privacy laws and regulations concerning cookies and similar tracking technologies.
These Terms of Service ("Terms") govern your access to and use of our Services. By registering for an account, accessing, or using our Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2.1 "Authorized Users" means your employees, agents, or contractors who are authorized by you to access and use the Services.
2.2 "Consent Management Platform" or "CMP" means the technology provided by TrustCookie that enables the collection, management, and storage of end user consent preferences for cookies and similar tracking technologies.
2.3 "Cookie" means a small text file placed on an end user's device that may be used to identify the device, personalize content, remember preferences, or collect information about the end user's interactions with websites.
2.4 "Customer" or "you" means the individual or entity that has registered for an account to use the Services.
2.5 "Customer Data" means all data, content, and information (including personal data) that is uploaded to the Services or collected through your use of the Services.
2.6 "Data Protection Laws" means all applicable laws, regulations, and industry standards relating to privacy, data protection, and data security, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), ePrivacy Directive, and similar laws worldwide.
2.7 "End User" means an individual who visits your website(s) or uses your application(s) where the Services are implemented.
2.8 "Services" means TrustCookie's cookie consent management platform, including all features, functionalities, tools, content, updates, and related services made available by TrustCookie.
2.9 "Subscription Plan" means the particular plan, package, or level of Services you have selected and paid for, including any limitations, restrictions, or entitlements associated with such plan.
3.1 Account Registration. To access and use certain features of the Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized access to or use of your account.
3.3 Eligibility. You represent and warrant that: (a) you are at least 18 years of age; (b) you have the legal capacity to enter into these Terms; and (c) your use of the Services does not violate any applicable law or regulation.
4.1 Services. Subject to these Terms and your payment of applicable fees, TrustCookie will make the Services available to you during the Subscription Term in accordance with your Subscription Plan.
4.2 License. TrustCookie grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services during the Subscription Term solely for your internal business purposes.
4.3 Service Levels. TrustCookie will use commercially reasonable efforts to make the Services available 24/7, except for: (a) planned downtime (for which TrustCookie will provide advance notice); and (b) unavailability caused by circumstances beyond TrustCookie's reasonable control.
4.4 Updates and Modifications. TrustCookie may update or modify the Services from time to time to reflect changes in technology, industry practices, patterns of system use, and legal or regulatory requirements. If such updates or modifications materially reduce the functionality of the Services, you may terminate your subscription and receive a pro-rated refund for any prepaid fees.
4.5 Technical Support. TrustCookie will provide technical support services in accordance with the support policy for your Subscription Plan, as described on our website.
5.1 Use Restrictions. You shall not, and shall not permit any Authorized User or third party to:
5.2 Customer Obligations. You agree to:
5.3 Permitted Use of TrustCookie Branding. You may display the TrustCookie logo or other provided branding materials on your websites or applications solely to indicate that you use the Services, provided that you follow TrustCookie's branding guidelines.
6.1 Ownership of Customer Data. As between you and TrustCookie, you own all Customer Data. You grant TrustCookie a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and process Customer Data as necessary to provide the Services and as otherwise permitted by these Terms and TrustCookie's Privacy Policy.
6.2 Privacy Policy. TrustCookie's collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
6.3 Data Processing Addendum. To the extent TrustCookie processes personal data on your behalf in the provision of the Services, the terms of the Data Processing Addendum, available at [URL] ("DPA"), shall apply and are hereby incorporated by reference. In the event of any conflict between these Terms and the DPA, the DPA shall prevail with respect to the processing of personal data.
6.4 Data Security. TrustCookie will implement and maintain appropriate technical and organizational measures designed to protect Customer Data from unauthorized access, use, disclosure, alteration, or destruction. These measures will include, at a minimum, those specified in TrustCookie's Security Policy, available at [URL].
6.5 Compliance with Data Protection Laws. Each party shall comply with its respective obligations under applicable Data Protection Laws. You acknowledge that:
6.6 End User Consent Data. TrustCookie will store and process End User consent data in accordance with applicable Data Protection Laws. You acknowledge that this consent data may be necessary to demonstrate compliance with legal requirements and must be maintained for legal purposes even after termination of these Terms.
7.1 Fees. You shall pay all fees specified in your Subscription Plan. Unless otherwise specified, all fees are quoted in U.S. dollars and are non-refundable.
7.2 Payment Terms. Payment terms are specified on your order form or invoice. Unless otherwise stated, invoices are due within thirty (30) days from the invoice date. You are responsible for providing complete and accurate billing and contact information to TrustCookie.
7.3 Taxes. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for all taxes, levies, or duties associated with your purchase of the Services, excluding taxes based on TrustCookie's net income.
7.4 Late Payment. If any fees are not paid when due, TrustCookie may (a) charge interest on the past due amount at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less, and/or (b) suspend the Services until such amounts are paid in full.
7.5 Price Changes. TrustCookie may change its fees and payment terms at any time by providing notice on its website or by email; provided, however, that such changes will not apply to you until your Subscription Term renews or you upgrade or modify your Subscription Plan.
7.6 Subscriptions and Renewal. Your subscription will automatically renew at the end of each Subscription Term for an additional period equal to the expiring Subscription Term, unless either party gives the other notice of non-renewal at least thirty (30) days before the end of the relevant Subscription Term. The pricing for any renewal Subscription Term will be at TrustCookie's then-current rates, unless otherwise agreed in writing.
8.1 TrustCookie's Intellectual Property. TrustCookie and its licensors own and retain all right, title, and interest in and to the Services, including all related intellectual property rights. No rights are granted to you other than as expressly set forth in these Terms.
8.2 Feedback. If you provide TrustCookie with any suggestions, enhancement requests, recommendations, corrections, or other feedback (collectively, "Feedback"), TrustCookie may use such Feedback without restriction or obligation to you.
8.3 Usage Data. TrustCookie may collect and analyze data relating to your use of the Services, and information derived therefrom ("Usage Data"), to operate, maintain, and improve the Services. TrustCookie may use Usage Data in an aggregated and anonymized form for its business purposes, provided that such usage does not identify you or your End Users.
9.1 Definition. "Confidential Information" means all non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally, in writing, or by other means, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
9.2 Protection. The Receiving Party will use the same degree of care to protect the Disclosing Party's Confidential Information as it uses to protect its own confidential information of like kind (but not less than reasonable care). The Receiving Party may disclose Confidential Information only to its employees, agents, and contractors who need to know such information and who are bound by confidentiality obligations at least as restrictive as those herein.
9.3 Exclusions. Confidential Information does not include information that: (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information.
9.4 Compelled Disclosure. The Receiving Party may disclose Confidential Information to the extent required by law, regulation, or court order, provided that the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance if the Disclosing Party wishes to contest the disclosure.
10.1 TrustCookie Warranties. TrustCookie warrants that: (a) it has the legal power and authority to enter into these Terms; (b) the Services will perform materially in accordance with the Documentation; and (c) it will not materially decrease the functionality of the Services during your Subscription Term.
10.2 Customer Warranties. You warrant that: (a) you have the legal power and authority to enter into these Terms; (b) you have obtained all necessary rights, consents, and permissions to provide Customer Data to TrustCookie; and (c) Customer Data and your use of the Services will not violate any applicable law, regulation, or third-party right.
10.3 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TRUSTCOOKIE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TRUSTCOOKIE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR COMPLETE, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
11.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU TO TRUSTCOOKIE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11.2 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION, OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Exceptions. The limitations in Section 11.1 and 11.2 will not apply to: (a) Either party's breach of its confidentiality obligations; (b) Your indemnification obligations; (c) Either party's gross negligence, willful misconduct, or fraud; or (d) Any other liability that cannot be excluded or limited by law.
12.1 TrustCookie Indemnification. TrustCookie shall defend, indemnify, and hold you harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from a third-party claim alleging that the Services, as provided by TrustCookie and used in accordance with these Terms, infringe any intellectual property right of a third party.
12.2 Customer Indemnification. You shall defend, indemnify, and hold TrustCookie harmless from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Services in violation of these Terms; (b) Customer Data; (c) your failure to comply with applicable Data Protection Laws; or (d) any claims or demands by End Users relating to your websites, applications, or services.
13.1 Term. These Terms commence on the date you first accept them and continue until all Subscription Terms have expired or been terminated.
13.2 Subscription Term. The Subscription Term shall be as specified in your Subscription Plan or order form. Unless otherwise specified, subscriptions will automatically renew for additional periods equal to the expiring Subscription Term.
13.3 Termination for Cause. Either party may terminate these Terms if the other party: (a) materially breaches these Terms and fails to cure such breach within thirty (30) days after receiving written notice; or (b) becomes the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors, or similar proceeding.
13.4 Effect of Termination. Upon termination or expiration of these Terms, all rights granted to you under these Terms will immediately terminate, and you will immediately cease all use of the Services.
14.1 General Compliance. Each party shall comply with all laws and regulations applicable to its provision or use of the Services, including Data Protection Laws.
14.2 Export Compliance. The Services and related technology may be subject to export control and sanctions laws. You agree to comply with all such laws and regulations as they relate to your access and use of the Services.
14.3 Anti-Corruption. You agree not to engage in any conduct that violates any applicable anti-corruption laws or regulations.
15.1 Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
15.2 Dispute Resolution. Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively in the state or federal courts located in Delaware.
15.3 Force Majeure. Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control.
15.4 Relationship of the Parties. The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
15.5 Assignment. You may not assign or transfer these Terms without TrustCookie's prior written consent. TrustCookie may assign these Terms in connection with a merger, acquisition, or sale of assets.
15.6 Entire Agreement. These Terms constitute the entire agreement between the parties regarding the subject matter hereof.
15.7 Modification. TrustCookie may modify these Terms from time to time by posting the modified terms on its website or by notifying you directly.
15.8 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
If you have any questions about these Terms, please contact us at:
By signing up for an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.