Terms of Service

1. Agreement to Terms

Welcome to GetCookieBanner. These Terms of Service ("Terms") govern your access to and use of our cookie consent management platform, services, and website (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

Service Provider:
Operated by: Migids Technologies
Location: India
Website: https://migids.com

2. Definitions

• "You," "User," "Customer" refers to the individual or entity using our Services
• "We," "Us," "Our" refers to GetCookieBanner and Migids Technologies
• "Services" refers to our cookie consent management platform and related services
• "Content" refers to all text, data, information, software, graphics, or other materials
• "End Users" refers to visitors to your website who interact with our cookie banner

3. Eligibility

To use our Services, you must:

• Be at least 18 years old or the age of legal majority in your jurisdiction
• Have the legal authority to enter into binding contracts
• Not be prohibited from using our Services under applicable laws
• Provide accurate and complete registration information

4. Account Registration and Security

4.1 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4.2 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

5. Services Description

GetCookieBanner provides:

• Cookie Consent Banners: Customizable cookie consent banners for your websites
• Cookie Scanning: Automated detection of cookies on your domains
• Consent Management: Tools to manage and record user consent preferences
• Compliance Tools: Features to help comply with GDPR, CCPA, and other regulations
• Analytics: Reporting on consent rates and banner interactions
• API Access: Programmatic access to consent data (on applicable plans)

6. Subscription Plans and Pricing

6.1 Plans

We offer various subscription plans with different features and usage limits. Current plans and pricing are available on our website.

6.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• Payments are processed through Stripe, our third-party payment processor
• All fees are in USD unless otherwise specified
• Prices are subject to change with 30 days' notice
• You authorize us to charge your payment method automatically for recurring fees

6.3 Refunds

We offer a 14-day money-back guarantee for first-time subscribers. After this period, fees are non-refundable except as required by law or at our sole discretion.

6.4 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that time.

7. Acceptable Use Policy

You agree NOT to:

• Use the Services for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Services or servers
• Use the Services to spam or phish
• Reverse engineer, decompile, or disassemble our software
• Remove or modify any proprietary notices or labels
• Use the Services to compete with us or develop competing products
• Resell or redistribute the Services without authorization
• Exceed usage limits defined in your subscription plan
• Use the Services in a manner that degrades performance for other users

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Services, including all software, designs, text, graphics, logos, and other content, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for their intended purpose, subject to these Terms.

8.3 Your Content

You retain ownership of any content you submit through the Services. By submitting content, you grant us a worldwide, royalty-free license to use, store, and process that content solely to provide the Services.

9. Data Protection and Privacy

Our collection and use of personal information is governed by our Privacy Policy. By using the Services, you consent to such collection and use.

You are responsible for ensuring your use of the Services complies with applicable data protection laws, including GDPR, CCPA, and India's IT Act.

10. Third-Party Services and Links

Our Services may integrate with or contain links to third-party services and websites. We are not responsible for the content, privacy practices, or terms of these third-party services.

Your use of third-party services is governed by their respective terms and policies.

11. Warranties and Disclaimers

11.1 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted or error-free service. We may temporarily suspend the Services for maintenance or updates.

11.2 Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Services will meet your requirements or that they will be secure, timely, or error-free. You use the Services at your own risk.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Errors or inaccuracies in the Services
• Unauthorized access to your data
• Third-party conduct or content

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless GetCookieBanner, Migids Technologies, and our affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or data
• Your End Users' complaints or claims

14. Compliance and Legal Responsibilities

14.1 Your Responsibilities

While our Services help facilitate compliance, YOU are ultimately responsible for:

• Ensuring your website complies with all applicable privacy laws (GDPR, CCPA, etc.)
• Properly implementing our banner and respecting user consent choices
• Maintaining an accurate cookie policy on your website
• Responding to End User data requests (access, deletion, etc.)
• Obtaining necessary consents and providing required disclosures

14.2 No Legal Advice

We do not provide legal advice. Our Services are tools to assist with compliance, but you should consult with legal counsel regarding your specific obligations.

15. Modifications to Services and Terms

15.1 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.

15.2 Terms Modifications

We may update these Terms from time to time. We will notify you of material changes via email or through the Services. Continued use after changes constitutes acceptance of the updated Terms.

16. Termination

16.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings.

16.2 Termination by Us

We may suspend or terminate your access to the Services immediately if:

• You violate these Terms
• You fail to pay fees when due
• Your use poses security or legal risks
• We are required to do so by law

16.3 Effect of Termination

Upon termination, your right to use the Services immediately ceases. We may delete your data after 30 days, though consent records may be retained longer for compliance purposes.

17. Dispute Resolution

17.1 Governing Law

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

17.2 Jurisdiction

Any disputes arising from these Terms or the Services shall be subject to the exclusive jurisdiction of the courts located in India.

17.3 Informal Resolution

Before pursuing formal legal action, you agree to contact us to attempt to resolve the dispute informally. We will make reasonable efforts to resolve disputes amicably.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Services.

18.2 Severability

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

18.3 No Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under them without our written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19. Contact Information

For questions or concerns about these Terms, please contact us:

20. Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.