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LEGAL

Terms and Conditions

Last updated 2026-10-31

Effective date: 31 October 2026

These Terms and Conditions (the "Terms") govern your access to and use of the TrustCookies website at trustcookies.com, the free website scanner, the TrustCookies dashboard and the TrustCookies consent management service. Please read them carefully. They contain limits on our liability (clause 15) and say which courts and law apply (clause 20).

1. Who we are and how these Terms apply

1.1 Provider. TrustCookies is provided by Vishnuraam S, an individual carrying on business as a sole proprietor under the trade names HextonHQ and TrustCookies, with his principal place of business at 3rd Floor, Door No. 1-60/8/A and B, KNR Square, Opp. The Platina, Gachibowli, Hyderabad, Rangareddy District, Telangana — 500032, India, GSTIN 36AZWPV0088L1ZB ("TrustCookies", "we", "us", "our"). References to "we" include any successor under clause 21.3.

1.2 Acceptance. You accept these Terms when you create an account, tick a box or click a button that refers to them, start a trial, pay for a plan, sign an Order Form that refers to them, or use the Service. If you accept on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" means that organisation. If you do not accept these Terms, do not use the Service.

1.3 Documents that form the agreement. The agreement between you and us consists of: (a) any Order Form signed by both of us; (b) the Data Processing Agreement published at https://trustcookies.com/dpa (the "DPA"); (c) these Terms; and (d) the policies these Terms refer to — the Refunds and Cancellations Policy, the Service Delivery Policy and, for information only, the Privacy Policy. If they conflict, the first in that list prevails, except that the DPA prevails on any matter of personal data processed on your behalf.

1.4 Business use. The Service is designed for businesses, professionals and organisations that operate websites. By accepting these Terms you confirm that you are using the Service for the purposes of your trade, business, craft or profession and that you are at least 18 years old. If the law where you live treats you as a consumer despite this, the mandatory rights that law gives you are not affected by anything in these Terms (clause 15.7).

1.5 Electronic record. These Terms are an electronic record. Your acceptance by electronic means is valid and binding, and no physical or digital signature is required.

1.6 Where we offer the Service (eligibility).

(a) Excluded Territory. We do not currently offer accounts, paid plans, trials or the Free Tools to anyone established or resident in the European Economic Area (the 27 member states of the European Union, Norway, Iceland and Liechtenstein), the United Kingdom or Switzerland (together, the "Excluded Territory"). People in the Excluded Territory may browse our website for information, but may not use the Free Tools, create an Account, start a trial or buy a plan.

(b) Your declaration. By creating an Account, starting a trial or buying a plan, you declare that you — meaning the organisation you represent, and you personally if you sign up as an individual — are not established, resident or registered in the Excluded Territory, and that your billing address is outside it. You must tell us promptly if this stops being true.

(c) Our rights. We may check eligibility using the country of your connection, your billing country and your declaration. If we reasonably believe that your declaration is or has become untrue, we may refuse your sign-up or order, or suspend or terminate your Account, by notice. If we terminate a paid subscription for this reason, we will refund the Fees you have prepaid for the unused part of the current Subscription Period, and we will make your Consent Records available for export under clause 18.2.

(d) Changes. We may remove or change the Excluded Territory, or add to it, by updating this clause and, where it affects existing customers, by giving at least thirty (30) days' notice.

(e) Your End Users may be anywhere. The Excluded Territory concerns who may be our customer. Customers outside the Excluded Territory may use the Service on Websites that receive visitors from the Excluded Territory, and the Service is designed to support the consent obligations that the EU GDPR, the UK GDPR, the ePrivacy rules and Swiss data protection law place on those customers. For those End Users, as for all End Users, we act solely as your processor under the DPA (clause 11).

2. Definitions

3. Our role and your responsibilities — please read this clause carefully

This clause is the basis on which we provide the Service and set our prices. It decides who is responsible when consent is not collected or a technology is not controlled on your Website.

3.1 What the Service is. The Service is a software tool. It lets you show a consent banner to End Users, record their choices, send consent signals to supported third-party tags, and hold back scripts, frames and requests that you have routed through it and categorised, until the relevant consent has been given. You configure it and operate it on your Websites; we supply it.

3.2 We are your processor; you are the controller. For End Users' personal data we act solely as your processor (under India's DPDP Act, your Data Processor), on your documented instructions, which you give through your Configuration and your use of the Service (clause 11 and the DPA). You are the controller (Data Fiduciary). You decide which technologies run on your Websites, how they are categorised, which jurisdiction rules apply, what your banner and notices say, and on what legal basis you process personal data. We do not make, review or approve those decisions.

3.3 Your responsibilities. It is your sole responsibility to:

(a) identify and list every cookie, local or session storage item, script, pixel, tag, frame and network request used on every page of each of your Websites, including those added by tag managers, plugins, content management systems, embedded content and third-party tools;

(b) categorise each of them correctly in your Configuration;

(c) install the Runtime Script correctly on every page of each Website, as the first script in the page's <head> and otherwise as the Documentation describes, and route each non-essential technology through it as the Documentation describes;

(d) test and verify — before going live, after installation, and after every change to your Website, your tags, your tag manager or any third-party tool on it — that the banner is shown, that consent is collected and recorded, and that each technology is actually held back or released in accordance with the End User's choice;

(e) re-categorise and re-verify whenever a new cookie, tool or vendor is added to a Website, or an existing one changes its behaviour;

(f) keep your privacy notice, cookie policy and banner text accurate and complete, have a lawful basis for the processing on your Websites, and respond to End Users who exercise their rights; and

(g) ensure your Configuration is accurate, complete, lawful and suitable for your Websites and End Users.

3.4 What can cause the Service not to work as intended, and our liability for it. The Service may fail to show the banner, fail to collect or record consent, or block or release a technology contrary to the End User's choice, if: installation is incorrect, partial or missing on any page; a technology is uncategorised or mis-categorised; a technology is loaded outside the Service's gate or before the Runtime Script; your Website, tags, tag manager or third-party tools change; or a third party changes the behaviour of its technology. We are not responsible or liable for any such failure, or for any loss, claim, fine, penalty or regulatory action arising from it, to the extent it is caused by any of those matters or by your failure to meet clause 3.3. This clause does not exclude our liability for a defect in the Service itself where you have met clause 3.3 (clause 14.1).

3.5 Our tools are aids, not a transfer of responsibility. Our scanner, website tester, installation checks, verification and status screens, suggested categories, templates, default texts and installation guides are provided to help you meet clause 3.3. They are not exhaustive, they may miss or mis-classify technologies, and they do not transfer any of your responsibilities to us. A passing scan or test, a green check or a "no issues found" result is not a confirmation that your Website is compliant or that every technology is controlled.

3.6 No legal advice. We are not a law firm and we do not give legal advice. Templates, default settings, suggested categories, scan findings, suggested jurisdiction rules, help articles and support replies are general information and are not a substitute for advice from a qualified lawyer about your circumstances. No lawyer–client relationship is created between us.

3.7 No guarantee of compliance. We do not warrant, represent or guarantee that using the Service will make you or any Website compliant with any law, including the EU and UK General Data Protection Regulation, the ePrivacy Directive and national cookie laws, India's Digital Personal Data Protection Act, 2023, the California Consumer Privacy Act as amended, or any other privacy, data protection, consumer protection or electronic communications law. Compliance depends on your Configuration, your notices, your processing and the behaviour of third parties on your Websites, all of which are outside our control.

3.8 Not a registered Consent Manager. The Service is not a "Consent Manager" registered with the Data Protection Board of India under the Digital Personal Data Protection Act, 2023, and is not offered as one.

3.9 Third-party frameworks. The Service can send Google Consent Mode v2 signals to Google tags that you have configured. We are not affiliated with, endorsed by or certified by Google, and we do not control how Google or any other third party uses those signals. The Service is not currently registered with IAB Europe as a consent management platform under the Transparency and Consent Framework (TCF), does not hold a CMP ID and does not generate TCF consent strings. Support for the TCF is in development and will be offered only once it is available. If you show Google advertising (for example AdSense, Ad Manager or AdMob) to End Users in the European Economic Area, the United Kingdom or Switzerland, Google's policies may require you to use a consent management platform that Google has certified and that is integrated with the TCF; you are responsible for meeting that requirement.

3.10 Assisted set-up. Where we help you configure or install the Service, we do so on your instructions and as your agent. A Configuration prepared with our help takes effect only when you approve or publish it; once you do, it is your Configuration for all purposes under these Terms and the DPA, and clause 3.3 applies to it in full.

4. How specific features work, and their limits

4.1 Script blocking. The Service includes a gate that holds back scripts, frames and requests that you have routed through it and assigned to a consent category, until the End User grants consent to that category. The gate cannot hold back technologies that you have not routed through it or have not categorised, code that runs before the Runtime Script loads, or technologies loaded in ways the Documentation says it does not control. Such technologies may run regardless of the End User's choice. Identifying every technology on your Websites and configuring the Service to address it is your responsibility (clause 3.3).

4.2 Scanning. The scanner (inside the dashboard and in the Free Tools) loads publicly reachable pages of a website, including before any consent is given, and reports the cookies, storage and network requests it observed during that visit, with suggested categories. The scanner does not log in, does not fill in forms, does not visit every page of a website, and cannot observe technologies that are absent at the time of the scan, appear only to certain visitors, regions, devices or after user interaction, are loaded later, or are served from places the scanner cannot reach. Scan results and suggested categories are an aid for your own review. They are not an audit, are not exhaustive, and may be inaccurate. You must review, correct and complete them (clauses 3.3 and 3.5).

4.3 Where Consent Records are stored. Consent Records are stored in the European Union. Requests from End Users' browsers pass through our edge network provider's servers, which may be located outside the European Union, as described in the DPA and the sub-processor list at https://trustcookies.com/subprocessors.

4.4 Record integrity. The Service records each consent in a hash-linked log and periodically anchors a digest of that log to a public timestamping service. These measures help you show when a record was created and whether the log has been altered since a digest was anchored. They do not prove that the End User understood or freely gave consent, that your banner or Configuration was lawful, or that any record is complete, and their evidential weight in any proceeding is a matter for the relevant court or authority.

4.5 Behaviour when the Service is unavailable. If the Runtime Script cannot reach our servers, it is designed to keep non-essential categories blocked, rather than to release them, until a choice can be recorded, and End Users who already hold a valid stored choice continue to be served according to that choice. This means you may lose analytics, advertising or other non-essential data for End Users who would otherwise have consented while the Service is unavailable. This is the intended behaviour, and the same applies while your Account is suspended (clause 17.4), while the banner is paused under clause 6.8(c), or after termination until you remove the Runtime Script. If the Service offers a setting that changes this behaviour and you select it, clause 4.6 applies. We will give you at least sixty (60) days' notice before changing this behaviour, except where a change is needed to fix a security issue, in which case we will tell you as soon as practicable.

4.6 Defaults, and your changes to them.

(a) The defaults. Each new Website is supplied with the following default Configuration:

(b) Rules you may choose that grant by default. Where your plan includes jurisdiction rules, you may add rules that apply an opt-out or notice-only rule to particular countries or regions. Under those rules, non-essential categories are allowed by default, before the End User makes any choice, until the End User opts out. Under those rules, a Global Privacy Control signal from the End User's browser is treated as an opt-out of all non-essential categories unless the End User has made an explicit choice.

(c) Your changes are your responsibility. If you change any default or any part of your Configuration — including category defaults, jurisdiction or regime rules, the fallback rule, the failure behaviour, the setting for unconfigured scripts, the banner's buttons or text, or the categorisation of any technology — you are solely responsible for that change and its consequences, and we have no liability for any loss, claim, fine, penalty or regulatory action arising from it. Some changes can be made only by the Account owner and are recorded in the Account's audit log.

4.7 Beta and preview features. Features we label as beta, preview, early access or similar are provided "as is", without any warranty or support commitment, may be changed or withdrawn at any time, and are excluded from any refund or credit.

4.8 Changes to the Service. We continuously develop the Service and may add, change or remove features. We will not make a change that materially reduces the core functionality of a paid plan during a Subscription Period you have paid for, except where required by law, for security, or because a third-party service the feature depends on changes or ends. If such a change materially and adversely affects you, you may cancel and receive the refund set out in the Refunds and Cancellations Policy.

5. Your account and Websites

Your responsibilities for your Configuration, installation, verification and notices are in clause 3. In addition:

5.1 Your Websites. You must deploy the Service only on Websites that you own or are authorised to operate, and you must keep the list of Websites in your Account accurate.

5.2 Go-live acknowledgement. Before a Website goes live, we may ask you to confirm in the dashboard that you have read clause 3.3. We record that confirmation with its date and the version of these Terms. Not being asked, or not confirming, does not reduce your responsibilities under clause 3.

5.3 Account security. You are responsible for keeping sign-in credentials confidential, for enabling the security features we make available where appropriate (such as two-factor authentication), for the acts and omissions of your Authorised Users, and for all activity under your Account. Tell us promptly at support@trustcookies.com if you believe your Account has been accessed without authority.

5.4 Accurate information. You must give us accurate and complete account, billing and tax information and keep it up to date.

6. Plans, trials and billing

6.1 Plans.

(a) Your plan. The Service is offered in plans. The price, billing period, features and limits of your plan (for example, the number of Websites, monthly page views and Authorised Users) are those described on our pricing page or in your order at the time you subscribe, and as later changed under (c). Unless your plan says otherwise, each subscription covers one Website.

(b) Price at checkout. The price shown to you at checkout before you pay applies to your first Subscription Period. Your billing currency is set when you first subscribe and cannot be changed during a subscription.

(c) Changes to plans. We may change our plans, prices, features and limits from time to time. For an existing paid subscription, a change takes effect only from the first renewal date that falls at least thirty (30) days after we notify you by email or in the dashboard; the Subscription Period you have already paid for is not affected. If you do not agree, you may cancel before that renewal (clause 6.9). Clause 6.11 also applies to price changes.

6.2 Free plans.

(a) Free plans. Any free plan we offer is provided free of charge, with the features and limits described on our pricing page at the time you sign up, as changed under (e).

(b) TrustCookies attribution. On plans whose banner includes a "Powered by TrustCookies" attribution (which may include free plans), the attribution links to our website. You must not remove, hide, obscure or alter it, whether by code, styling or any other means; removing it requires a plan that does not include it. The link carries no tracking parameters, and the attribution sets and reads nothing on the End User's device.

(c) Support and availability. Free plans have no service level and no guaranteed response times. Support is limited to the Documentation and email support at support@trustcookies.com, answered as capacity allows.

(d) No refunds. Nothing is paid for a free plan, so nothing is refundable.

(e) Changes and inactivity. We may change the features or limits of any free plan, or stop offering it, on at least thirty (30) days' notice. We may suspend, and later close, a free plan Account that has had no sign-in and no page views for twelve (12) consecutive months, after giving at least thirty (30) days' notice to the Account email address. Before closure, clause 18 applies to your Consent Records.

6.3 Free trial. Where we offer a free trial of a paid plan:

(a) the trial lasts for the period stated in the offer, from the moment you start it;

(b) you must provide a valid payment method to start the trial, and your payment provider may verify it or register a payment mandate. You are not charged during the trial;

(c) unless you cancel before the trial ends, your trial converts automatically into the paid plan you selected, and your payment method is charged the plan price plus applicable taxes on the day the trial ends and on each renewal date afterwards;

(d) the date and time at which the trial ends and the amount that will then be charged are shown during sign-up and on the Billing page of your dashboard, and we will send a reminder to your Account email address at least three (3) days before the trial ends;

(e) you can cancel the trial at any time from the Billing page of your dashboard. If you cancel, you will not be charged, and when the trial ends the Website moves to any free plan we then offer or, if none, its subscription ends; and

(f) one trial is available per customer, and per Website. We may refuse or end a trial that is being used to avoid these limits.

6.4 Automatic renewal. Paid plans renew automatically at the end of each Subscription Period for a further period of the same length, and we charge the payment method on file the then-current price plus applicable taxes at the start of each new period, until you cancel. Your next renewal date and amount are shown on the Billing page. For payments made with Indian cards or other instruments subject to the Reserve Bank of India's e-mandate rules, your card issuer or bank will send you a notification before each recurring debit, and you may be asked to authenticate certain debits.

6.5 Payment. Fees are payable in advance for each Subscription Period. Payments are processed by our third-party payment providers; we do not store full card numbers. By providing a payment method you authorise us and our payment provider to charge it for all Fees and taxes due under these Terms. You are responsible for any fees your bank or card issuer charges, including currency conversion or international transaction fees.

6.6 Promotions. Promotional codes and offers are subject to the conditions stated with them. Unless those conditions say otherwise, a code applies once per customer, cannot be combined with other offers, has no cash value and may be withdrawn at any time for future sign-ups. Where a discounted payment is refunded, the refund is limited to the amount actually paid.

6.7 Failed payments. If a payment fails, we will notify you and may retry the charge. If the amount remains unpaid seven (7) days after our first notice, we may move the affected Websites to a free plan we offer or suspend paid features under clause 17.4. Moving to a free plan or suspension does not release any category that was blocked.

6.8 Plan limits — the same on every plan, free or paid.

(a) Counting. Page views are counted by the Runtime Script for each Website, in monthly periods, as described in the Documentation (one page view is one load of a page on which the Runtime Script runs). Page views that the Runtime Script could not report are not counted.

(b) Notices. We will notify you by email, before we apply (c), when a Website reaches about eighty percent (80%) and one hundred percent (100%) of its plan's monthly page-view limit.

(c) When the limit is reached. After the limit is reached, until the start of the next monthly period or until you upgrade to a plan with a higher limit, we may apply the following limited mode, and while we do:

(d) Consequence. While (c) applies, you may lose analytics, advertising and other non-essential data for the End Users concerned. This is the intended operation of the plan limits, is not a breach of these Terms by us, and does not give rise to any refund, credit or claim. Your remedy is to upgrade or to reduce the traffic on which the Service runs.

(e) No overage charges. We do not charge for page views above your plan's limit.

(f) Other limits. You cannot add Websites or Authorised Users beyond your plan's limits; to add more, upgrade your plan.

6.9 Cancellation, upgrades and downgrades. You may cancel a paid plan, or a trial, at any time from the Billing page of your dashboard, or by emailing support@trustcookies.com from your Account email address. Cancellation takes effect at the end of the current Subscription Period, and you keep access to the paid plan until then. To be sure the next renewal is not charged, cancel at least 24 hours before it (Refunds and Cancellations Policy, section 3.3). Upgrades take effect immediately; downgrades take effect at the next renewal. The detailed rules, including refunds, are in the Refunds and Cancellations Policy, which forms part of these Terms.

6.10 Refunds. Except as set out in the Refunds and Cancellations Policy or required by law, Fees are non-refundable and we do not give refunds or credits for partial Subscription Periods, unused features or unused page views.

6.11 Price changes. We may change our prices. A price change for an existing subscription takes effect from the first renewal date that falls at least thirty (30) days after we notify you by email. If you do not agree, you may cancel before that renewal. Where a price increase requires a new payment mandate or authorisation, we will ask for it and the subscription will not be charged the new price until it is given.

6.12 Invoices. We issue an invoice or receipt for each payment, available from the dashboard or by email. Indian customers registered for GST may add their GSTIN to receive a GST tax invoice; we cannot reissue an invoice for a past period with a GSTIN added later except where the law permits.

7. Taxes

7.1 Prices exclude taxes. Unless a price is expressly stated to include tax, all prices and Fees exclude taxes, duties and levies. Before you pay, the checkout shows the taxes that apply and the total amount you will be charged.

7.2 Customers in India. We charge Goods and Services Tax (GST) on Fees at the rate that applies under Indian law, currently 18%, as integrated GST or as central and state GST depending on your place of supply. If you provide a valid GSTIN, it will appear on your tax invoice.

7.3 Customers outside India. Where our supply to you qualifies as an export of services under Indian law, we do not charge Indian GST. You are responsible for any value-added tax, goods and services tax, sales tax or similar tax payable in your country, including under a reverse-charge mechanism, and you confirm that the billing address and any tax identification number you give us are correct.

7.4 Withholding. If you are required by law to deduct or withhold tax from a payment to us: (a) if you are in India, you must deduct it as the law requires and give us the corresponding certificate within the time the law requires, failing which we may invoice you for the amount deducted; and (b) if you are outside India, you must increase the payment so that we receive the amount we would have received had no deduction been made.

7.5 Your information. If you give us incorrect tax information, or claim an exemption to which you are not entitled, you are responsible for any resulting tax, interest and penalties.

8. Acceptable use

You must not, and must not allow anyone else to:

(a) use the Service in breach of any law, or to collect, record or misrepresent consent in a way that is deceptive, including by configuring the banner to mislead End Users about their choices;

(b) use the Service to process special categories of personal data, data about criminal offences, or data about children beyond the consent choices the Service is designed to record;

(c) deploy the Runtime Script on a website you do not own or are not authorised to operate;

(d) use the scanner or Free Tools to scan a website in a way that is intended to, or is likely to, overload, disrupt or harm it, to test its security, to gain unauthorised access to any system, or to collect personal data from it for any purpose other than understanding the technologies the website uses;

(e) circumvent or attempt to circumvent usage limits, rate limits, security checks (including CAPTCHA or bot challenges), plan limits or access controls, including by creating multiple accounts;

(f) access the Service by automated means other than through interfaces we document for that purpose;

(g) copy, modify, distribute, sell, sublicense or create derivative works of the Service, or decompile, disassemble or reverse engineer it, except to the extent the law allows this despite this restriction, or as an open-source licence that applies to a component permits;

(h) use the Service to build or benchmark a competing product, or publish benchmark results without our prior written consent;

(i) introduce malware, interfere with the integrity or performance of the Service, or attempt to access another customer's data;

(j) remove or obscure any proprietary notice, or state or imply that TrustCookies certifies, endorses or guarantees your compliance, or that the Service holds any registration, certification or status that it does not hold (see clause 3.9); or

(k) use the Service in breach of applicable export control or sanctions laws, or if you are a person those laws prohibit us from dealing with.

We may investigate suspected breaches of this clause and may remove content, block traffic or suspend the Service under clause 17.4 to stop or prevent a breach.

9. Free Tools

9.1 No account needed. You may use the Free Tools without an Account, subject to these Terms, including clauses 1.6, 4.2 and 8, and to the limits we set (such as a daily number of scans and a maximum number of pages per scan). The Free Tools are not offered in the Excluded Territory and may not be used from it (clause 1.6).

9.2 Results. Free Tool results are provided "as is", for general information, free of charge and without any warranty. Anyone who has the link to a result may be able to view it, so do not share a result link you want to keep private. We may delete results after a period of time.

9.3 Websites you scan. By starting a scan you confirm that you are entitled to request it and that the scan is consistent with clause 8(d). Scanning loads public pages much as an ordinary browser would; the operator of the scanned website may see those visits in its logs.

9.4 Changes. We may change, limit or withdraw any Free Tool at any time without notice.

10. Intellectual property and licences

10.1 Our property. We and our licensors own all intellectual property rights in the Service, the Documentation, the TrustCookies name and logo, and all improvements to them. Except for the licences in this clause, nothing in these Terms transfers any of those rights to you.

10.2 Licence to use the Service. During your subscription (including a trial or a free plan) we grant you a non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your internal business purposes and for the Websites registered in your Account, in accordance with these Terms and the Documentation. This licence ends only when your subscription ends or is terminated under these Terms.

10.3 Licence to deploy the Runtime Script. During the same period, we grant you a non-exclusive, non-transferable, non-sublicensable licence to install the Runtime Script on your registered Websites in the manner described in the Documentation, and to allow End Users' browsers to download and run it. You must not modify the Runtime Script (other than through your Configuration), alter or remove its integrity checks, or host a modified copy, unless the Documentation expressly permits it. You may allow your web developers and agencies to install it on your behalf, and you are responsible for them.

10.4 Open-source components. The Service includes open-source software, including the c15t consent engine, which is licensed under the Apache License 2.0. Each open-source component is licensed to you under its own licence, a list of which is available in the Documentation or on request. Nothing in these Terms restricts any right you have under an open-source licence.

10.5 Your Customer Data. As between you and us, you own your Customer Data. You grant us a worldwide, non-exclusive licence to host, copy, process, transmit and display Customer Data as needed to provide, secure and support the Service, to comply with law, and as described in the DPA.

10.6 Usage Data. We may collect and use Usage Data to operate, secure, maintain and improve the Service and to produce aggregated statistics that do not identify you, any Authorised User or any End User. We do not use Customer Data, including Consent Records, to train artificial-intelligence models or for our own marketing.

10.7 Feedback. If you give us suggestions or feedback, we may use them without restriction or payment to you. Feedback does not include your Customer Data or your confidential information.

10.8 Customer name. We will not use your name or logo as a reference without your prior consent.

11. Data protection

11.1 Our roles. For personal data in Consent Records and other personal data that the Service processes on your behalf, you are the controller (or, under India's Digital Personal Data Protection Act, 2023, the Data Fiduciary) and we are your processor (Data Processor). The DPA at https://trustcookies.com/dpa applies to that processing, forms part of these Terms, and takes effect when you accept these Terms. For personal data we process about you and your Authorised Users for our own purposes, such as account management and billing, we are the controller, as described in our Privacy Policy.

11.2 Your instructions. You confirm that you have, and will keep, a lawful basis and any notices required for the processing you instruct, and that your instructions will not cause us to breach any law.

11.3 Sub-processors. Our current sub-processors are listed at https://trustcookies.com/subprocessors. We will give notice of new sub-processors as set out in the DPA.

11.4 End User requests. If an End User contacts us about a Consent Record on your Website, we will refer them to you and will assist you as set out in the DPA. Consent Records are identifiable only through the pseudonymous identifiers described in the DPA; we hold no End User name, email address or account identifier. Consent Records are pseudonymised personal data, not anonymous data.

11.5 End Users in the EEA, the UK and Switzerland. Where your Websites receive End Users from the Excluded Territory (clause 1.6), we process their personal data solely as your processor, on your instructions, and only the minimised data listed in the DPA. We have no direct relationship with those End Users, and we do not use their data for any purpose of our own. The DPA includes the transfer terms (EU Standard Contractual Clauses, the UK Addendum and Swiss amendments) to the extent they apply to that processing.

11.6 No use of your End Users' data for our own purposes. We never use Consent Records, scan results for your Websites or any other personal data of your End Users for our own advertising, profiling, analytics, product marketing or any other purpose of our own.

12. Confidentiality

12.1 Each party (the recipient) will keep confidential the non-public information disclosed by the other party (the discloser) that is marked as confidential or would reasonably be understood to be confidential, including the terms of any Order Form, non-public parts of the Service and Customer Data ("Confidential Information"). The recipient will use it only to perform or exercise its rights under these Terms, protect it with at least reasonable care, and disclose it only to its employees, contractors, sub-processors, professional advisers, auditors and potential acquirers or investors who need to know it and are bound by confidentiality obligations at least as protective as these.

12.2 Confidential Information does not include information that is or becomes public without the recipient's breach, was lawfully known to the recipient before disclosure, is lawfully received from a third party without a duty of confidence, or is independently developed without use of the discloser's information.

12.3 The recipient may disclose Confidential Information where required by law, a court or a regulator, after giving the discloser prompt notice where lawful so that it can seek protection.

12.4 On termination, and on written request, the recipient will delete or return the discloser's Confidential Information, except copies it must keep by law or that are held in routine backups, which remain subject to this clause until deleted. Customer Data is dealt with under clause 18.

12.5 This clause continues for five (5) years after termination, and for trade secrets for as long as they remain trade secrets.

13. Availability and support

13.1 Availability. We use commercially reasonable efforts to keep the Service available, but we do not guarantee any level of availability or that the Service will be uninterrupted or error-free. Availability may be affected by maintenance, updates, failures of third-party networks and services, your own systems, and events outside our control.

13.2 No service level unless agreed. No service level agreement or service credits apply unless an Order Form expressly provides them. Where an Order Form does provide service credits, they are your sole and exclusive remedy for failure to meet the service level.

13.3 Maintenance. We may carry out planned maintenance and will try to schedule it to limit disruption. We may carry out emergency maintenance without notice.

13.4 Support. We provide support by email at support@trustcookies.com. We aim to respond within a reasonable time, but response times are not guaranteed unless an Order Form says otherwise. Support is technical help with the Service; it is not legal advice and is not an approval of your Configuration.

14. Warranties and disclaimers

14.1 Our warranties. For paid plans, we warrant that: (a) we will provide the Service with reasonable skill and care; and (b) during your Subscription Period the Service will perform materially in accordance with the Documentation. If the Service does not, tell us in writing with enough detail for us to reproduce the problem. Our entire liability, and your sole remedy, for a breach of this warranty is for us to use reasonable efforts to correct the non-conformity and, if we cannot do so within thirty (30) days of your notice, for you to cancel the affected subscription and receive a refund of the Fees paid for the affected part of the Subscription Period after your notice.

14.2 What the warranty does not cover. The warranty in clause 14.1(b) does not apply to problems caused by your Configuration, your Website or other software, use contrary to these Terms or the Documentation, Free Tools, beta features, or third-party services.

14.3 Mutual warranty. Each party warrants that it has the power and authority to enter into these Terms.

14.4 Disclaimer. Except as expressly stated in these Terms, the Service, the Free Tools and any free plan are provided "as is" and "as available", and to the fullest extent the law permits we exclude all other warranties, conditions and terms, whether express or implied by statute, common law, course of dealing or otherwise, including implied terms of satisfactory quality, merchantability, fitness for a particular purpose, accuracy and non-infringement. In particular, and without limiting clause 3, we do not warrant that the Service will detect every cookie, script or tracker, block every technology on a Website, produce any particular legal or commercial outcome, or be accepted by any regulator, court or third-party platform.

15. Limitation of liability

15.1 Liability that cannot be limited. Nothing in these Terms excludes or limits either party's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, wilful misconduct, or any other liability that cannot be excluded or limited by law; or your obligation to pay Fees.

15.2 Excluded losses. Subject to clause 15.1, neither party is liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any: (a) indirect, special or consequential loss; (b) loss of profits, revenue, business, contracts, anticipated savings, goodwill or reputation; (c) loss of advertising, analytics or other data that you could not collect because the Service was blocking as described in clause 4.5; (d) fines, penalties or sanctions imposed by a regulator or court, except to the extent they result from the other party's breach of these Terms or the DPA; or (e) losses arising from claims by End Users, except where liability arises directly under Article 82 of the GDPR or an equivalent statutory provision, in which case clause 15.3 applies.

15.3 Cap. Subject to clauses 15.1 and 15.2, each party's total aggregate liability arising out of or in connection with these Terms, the DPA and the Service, in any twelve-month period, is limited to the greater of: (a) the Fees paid and payable by you to us in the twelve (12) months immediately before the event giving rise to the first claim in that period; and (b) one hundred US dollars (US$100), or eight thousand Indian rupees (₹8,000) if you are billed in rupees.

15.4 Loss of Consent Records. Without increasing the cap in clause 15.3, if Consent Records are lost or corrupted as a result of our breach of these Terms or the DPA, we will use reasonable efforts to restore them from our most recent backup at no charge, in addition to any other remedy available under this clause 15.

15.5 Losses caused by you. We are not liable for any loss, claim, fine, penalty or regulatory action to the extent it arises from: your Configuration; your installation of the Service, or your failure to identify, categorise, install, test, verify, re-categorise or re-verify under clause 3.3; any of the matters listed in clause 3.4; a change you made to a default or your Configuration (clause 4.6); your reliance on scan results, checks or suggestions contrary to clauses 3.5 and 4.2; the pause of the banner when a plan limit is reached (clause 6.8(c)–(d)); or your breach of these Terms. This clause does not exclude liability that cannot be excluded by law (clause 15.1).

15.6 Basis of the bargain. The Fees reflect the allocation of risk in this clause 15, which both parties consider reasonable.

15.7 Consumers. If you are a consumer under the law that applies to you, this clause 15 applies only to the extent that law permits, and nothing in these Terms limits any right you have as a consumer that cannot be limited by contract.

16. Indemnities

16.1 Our indemnity. We will defend you against any claim by a third party alleging that your use of the Service in accordance with these Terms infringes that third party's patent, copyright, trademark or trade secret, and will pay the damages and costs finally awarded against you, or agreed by us in settlement. This indemnity does not apply to claims arising from your Configuration or Customer Data, from open-source components used under their own licences, from a combination of the Service with anything not supplied by us, from a modification not made by us, or from use of a version of the Service after we have provided a non-infringing update. If the Service is, or in our opinion is likely to be, the subject of such a claim, we may obtain the right for you to continue using it, modify it to be non-infringing, or end the affected subscription and refund the Fees paid for the period after termination.

16.2 Your indemnity. You will defend us against any claim by a third party, including an End User or a regulator, and will pay the losses, damages, fines, penalties and reasonable costs (including reasonable legal fees) that result, to the extent the claim arises from: (a) your Configuration or Customer Data; (b) your use of the Service in breach of these Terms or applicable law, including clause 8; (c) the processing of personal data on your Websites, other than processing we carry out in breach of these Terms or the DPA; (d) your notices, policies, banner content or other content of your Websites; or (e) your installation of the Service or your categorisation of technologies, including any failure under clause 3.3 and any of the matters listed in clause 3.4. This indemnity does not apply to the extent the claim arises from our breach of these Terms or the DPA, our negligence, or a defect in the Service.

16.3 Procedure. The party seeking indemnity must notify the other promptly in writing, give it sole control of the defence and settlement (provided no settlement may impose an admission or obligation on the indemnified party without its consent, not to be unreasonably withheld), and give reasonable cooperation at the indemnifying party's expense.

16.4 Caps. Each party's liability under this clause 16 is subject to clause 15.3, except that your liability under clause 16.2(b), to the extent arising from a breach of clause 8, is not limited by clause 15.3. This clause 16 states each party's entire liability, and the other party's exclusive remedy, for third-party claims of the kind it covers.

17. Term, suspension and termination

17.1 Term. These Terms apply from when you first accept them until your Account is closed and all subscriptions have ended. Each paid subscription runs for its Subscription Period and renews under clause 6.4 until cancelled.

17.2 Termination by you. You may cancel any subscription under clause 6.9 and may close your Account at any time by emailing support@trustcookies.com from your Account email address (or from the dashboard, where that option is available). Closing your Account cancels all subscriptions with effect at the end of their current Subscription Periods, unless you ask for immediate closure, in which case no refund is due except as set out in the Refunds and Cancellations Policy.

17.3 Termination by either party for cause. Either party may terminate these Terms or an affected subscription by written notice if the other: (a) materially breaches these Terms and, where the breach can be remedied, does not remedy it within thirty (30) days after written notice; or (b) becomes insolvent, enters liquidation or administration, or makes an arrangement with its creditors, or anything equivalent happens under the law that applies to it.

17.4 Suspension. We may suspend all or part of the Service, or your access to it, with notice where reasonably possible: (a) if an amount due is unpaid as described in clause 6.7; (b) if you breach clause 8; (c) if your use poses a security risk to the Service or others, may subject us or others to legal liability, or harms other customers; or (d) if required by law or a competent authority. We will limit the suspension to what is reasonably necessary and lift it once the reason has been resolved. Suspension never converts blocking into permission: while the Runtime Script remains on a Website, it continues to behave as described in clause 4.5.

17.5 Termination by us for convenience. We may end the Service or any free plan for all customers, or end your paid subscription, on at least ninety (90) days' notice. If we end a paid subscription for this reason, we will refund any Fees you have prepaid for the period after it ends.

18. Effects of termination; your data

18.1 Stop using the Service. When a subscription or these Terms end, your right to use the affected Service ends and you must remove the Runtime Script from the affected Websites. Until you remove it, it continues to behave as described in clause 4.5.

18.2 Export. You can export your Consent Records from the dashboard while your Account is active. We recommend that you export them before cancelling or closing your Account, because Consent Records are your evidence of consent. For thirty (30) days after your Account is closed or terminated (the "Export Period"), we will provide an export of your Consent Records on written request to support@trustcookies.com from your Account email address, unless we terminated for your breach of clause 8 or the law prohibits it.

18.3 Deletion. After the Export Period, we will delete your Customer Data, including Consent Records, within ninety (90) days, and from backups in the normal backup cycle, as set out in the DPA, except where the law requires us to keep it. Deleted Consent Records cannot be recovered. Moving a Website from a paid plan to a free plan does not by itself delete its Consent Records. If you remove a Website from your Account, its Consent Records are dealt with in the same way as on termination: available for export for the Export Period and then deleted.

18.4 Our records. We may keep account, billing and transaction records for as long as the law requires, as described in our Privacy Policy.

18.5 Survival. Clauses 2, 3, 7, 10.1, 10.6, 10.7, 11, 12, 14.4, 15, 16, 18, 19, 20 and 21, and any obligation to pay Fees accrued before termination, survive termination.

19. Changes to these Terms

19.1 We may update these Terms from time to time. We will post the updated Terms on our website with a new effective date.

19.2 If a change materially and adversely affects your rights or obligations, we will notify you by email or in the dashboard at least thirty (30) days before it takes effect, unless the change is required by law or to address a security risk, in which case we will give as much notice as reasonably possible. If you do not agree with such a change, you may cancel before it takes effect, and if you have prepaid Fees for a period after the change takes effect, we will refund them pro rata. Otherwise, the updated Terms apply from the next renewal of your subscription after the change takes effect, or immediately for free plan users and new customers.

19.3 Changes do not apply retrospectively to disputes that arose before the change. Terms agreed in a signed Order Form can be changed only by written agreement.

20. Governing law and disputes

20.1 Law. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by the laws of India.

20.2 Talk to us first. Before starting proceedings, the party with the complaint will notify the other in writing, and the parties will try in good faith to resolve the dispute within thirty (30) days. This does not prevent either party from seeking urgent interim relief.

20.3 Courts. Subject to clause 20.2 and to any mandatory rights you have as a consumer, the courts at Hyderabad, Telangana, India have exclusive jurisdiction, except that either party may seek injunctive or other interim relief in any competent court.

20.4 Grievances. Grievances may also be raised with our Grievance Officer as set out on our Contact page.

21. General

21.1 Notices. We will send notices to the email address associated with your Account, or display them in the dashboard. You must send legal notices to us by email to support@trustcookies.com with the subject line "Legal notice", with a copy by post or courier to 3rd Floor, Door No. 1-60/8/A and B, KNR Square, Opp. The Platina, Gachibowli, Hyderabad, Rangareddy District, Telangana — 500032, India. A notice by email is received when sent, unless the sender receives a delivery failure message.

21.2 Force majeure. Neither party is liable for a delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, government action, power or internet failures, failures of third-party hosting or network providers not caused by the affected party, and denial-of-service attacks. The affected party must notify the other promptly and take reasonable steps to limit the effects. If the event prevents performance of a paid subscription for more than thirty (30) consecutive days, either party may terminate the affected subscription on written notice, and we will refund any Fees prepaid for the period after termination.

21.3 Assignment and transfer to a successor.

(a) You may not assign or transfer your rights or obligations under these Terms without our prior written consent, which we will not unreasonably withhold.

(b) We intend to transfer the TrustCookies business from the sole proprietorship named in clause 1.1 to a limited liability partnership or company formed or controlled by Vishnuraam S, and we may later transfer it to another successor to all or substantially all of the TrustCookies business (each a "Successor"). You agree that we may transfer or novate these Terms, any Order Form, the DPA, your Account, your subscriptions and your Customer Data to a Successor, by giving you at least thirty (30) days' notice by email or in the dashboard, provided the Successor agrees in writing to be bound by these Terms and the DPA. From the date stated in the notice, the Successor becomes the provider under these Terms in our place, and you do not need to accept these Terms again. The transfer does not change your Fees, your plan or the location of your Consent Records.

(c) If you object to a transfer under (b), you may cancel your subscription before the transfer date stated in our notice, and we will refund the Fees you have prepaid for the unused part of the current Subscription Period. If you do not cancel, the transfer takes effect on that date.

(d) The provider remains responsible for its obligations accrued before the transfer date, to the extent the law provides.

21.4 Subcontracting. We may use subcontractors and sub-processors to provide the Service, and we remain responsible for their performance as set out in these Terms and the DPA.

21.5 Entire agreement. The documents listed in clause 1.3 are the entire agreement between you and us about their subject matter and replace all earlier proposals, statements and agreements about it. Each party confirms that it has not relied on any statement not set out in them. Nothing in this clause limits liability for fraudulent misrepresentation.

21.6 Your terms do not apply. Terms in your purchase order or other business documents do not apply, even if we accept or sign them, unless a signed Order Form expressly says they do.

21.7 Severability. If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, severed, and the rest of these Terms remain in force.

21.8 No waiver. A failure or delay in exercising a right is not a waiver of it.

21.9 Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship, except the limited agency in clause 3.10.

21.10 Third-party rights. No one other than you and us has any right to enforce these Terms.

21.11 Language. These Terms are written in English. If we provide a translation, the English version prevails in the event of conflict, unless the law requires otherwise.

22. Contact

Questions about these Terms: support@trustcookies.com, or write to Vishnuraam S, sole proprietor trading as HextonHQ and TrustCookies, 3rd Floor, Door No. 1-60/8/A and B, KNR Square, Opp. The Platina, Gachibowli, Hyderabad, Rangareddy District, Telangana — 500032, India. See also our Contact page.