Please read these Terms and Conditions carefully before registering for a subscription to the Services offered on this website, operated by eSolutions Softhouse Limited, located at [Cyprus], VAT number [1039350Z].
By registering for a free trial or completing the online registration form for a paid subscription to the Services at cookietrust.io, and by clicking the acceptance buttons relating to our Terms and Conditions, Data Processing Agreement (DPA), Refund Policy, and Privacy Policy, you, the Customer, agree to be legally bound by these Terms and Conditions, DPA, Refund Policy, and Privacy Policy as they may be amended and posted on our website from time to time.
In the event of any inconsistency between the content of the Terms and Conditions, DPA, and Privacy Policy, the Terms and Conditions shall prevail, followed by the DPA, and then the Privacy Policy.
If you do not wish to be bound by these Terms and Conditions, DPA, Refund Policy, and Privacy Policy, you may not register to use the free trial or purchase our Services.
In this Agreement, the following words shall have the following meanings:
“Agreement” means these Terms and Conditions, DPA, and Privacy Policy together;
“Company” means eSolutions Softhouse Limited;
“Confidential Information” means any and all information in whatever form relating to the Company or the Customer, or their business, prospective business, finances, technical processes, computer software (both source code and object code), Intellectual Property Rights or finances, or compilations of such information, which a party reasonably regards as confidential;
“Customer Data” means all data imported into the Services for the purpose of using or facilitating use of the Services by the Customer;
“Customer” means the company or person who completes the online registration form to use the Services;
“DPA” means the Data Processing Agreement of the Company published at cookietrust.io/dpa/ as amended from time to time;
“Effective Date” means the date on which the Customer registers online and agrees to the terms of this Agreement;
“Feedback” means feedback, innovations, or suggestions created by the Customer or users regarding the attributes, performance, or features of the Services;
“Fees” means the fees set out in the Company’s online price list that apply after the Trial Period expires;
“Force Majeure” means anything outside the reasonable control of a party, including but not limited to acts of God, fire, storm, flood, earthquake, explosion, accident, acts of public enemy, war, rebellion, insurrection, sabotage, epidemic, pandemic, quarantine restriction, labour dispute, labour shortage, power shortage, internet outages, transportation embargo, government acts or omissions, laws, regulations, or failures to approve;
“Initial Term” means the fixed initial term starting on the Effective Date as set out in the Order Form (including the Trial Period);
“Intellectual Property Rights” means all copyrights, patents, utility models, trademarks, service marks, registered designs, moral rights, design rights (registered or unregistered), technical information, know-how, database rights, semiconductor topography rights, business names and logos, computer data, proprietary information rights, and all similar proprietary rights worldwide;
“Order Form” means the email confirmation sent to the Customer upon registration;
“Privacy Policy” means the Company’s privacy policy published at cookietrust.io/privacy-policy/ as amended from time to time;
“Renewal Term” means the renewal term set out in the Order Form;
“Services” means the software application services ordered online by the Customer and set out in the Order Form, including any applicable Updates;
“Statistical Data” means aggregated, anonymised data derived from the Customer’s or user’s use of the Services, excluding any personal data or Customer Confidential Information;
“Term” means the Initial Term plus any Renewal Term(s);
“Terms and Conditions” means these terms and conditions published at cookietrust.io/terms-and-conditions/ as amended from time to time;
“Trial Period” means the free trial period set out in the Order Form;
“Updates” means any new or updated applications, services, or tools (including software programs) made available by the Company as part of the Services.
The Customer engages the Company, and the Company agrees to provide the Services to the Customer from the Effective Date for the Term, in accordance with the terms of this Agreement.
The Services shall be available to the Customer 99.9% of the time on a 24/7 basis (excluding any scheduled maintenance, or any unavailability not caused by the Company or due to a subcontractor’s breach of the Agreement).
The Customer is granted a non-exclusive, non-transferable, revocable licence to use the Services (including any associated software, Intellectual Property Rights, and Confidential Information) during the Term. This licence permits the Customer to make temporary cache copies of software or other information necessary to receive the Services via the Internet.
Where open source software is used as part of the Services, the Customer’s use of such software shall be subject to the terms of the respective open source licences.
No right is granted to the Customer to modify, adapt, translate, or create derivative works from the Services. Nothing in this Agreement shall be construed to grant the Customer any right to access or obtain source code of the software comprising the Services.
Disassembly, decompilation, reverse engineering, or other forms of source code derivation of the software comprising the Services are strictly prohibited. To the extent permitted by law, if the Customer requires information necessary to enable interoperability of the Services with other software, and submits a written request specifying the relevant details and nature of the information needed, the Company may provide access to such information or relevant source code. The Company reserves the right to impose reasonable conditions, including charging a reasonable fee, for providing such access or information.
Unless otherwise specified in this Agreement, the Services are provided solely for the Customer’s use as part of its website or desktop architecture. The Customer may not, except as expressly permitted in writing by the Company:
(i) lease, loan, resell, or otherwise distribute the Services;
(ii) use the Services to provide ancillary services; or
(iii) permit access to or use of the Services by any third party.
The Customer represents and warrants that it will maintain reasonable security measures (which may evolve over time) covering confidentiality, authenticity, and integrity to ensure that access to the Services granted under this Agreement is limited as set out herein.
The Company reserves the right to suspend access to the Services, or any portion thereof, if in its sole reasonable discretion, the integrity or security of the Services is at risk due to acts by the Customer or its users. Where feasible, the Company will provide the Customer with 24 hours’ written notice specifying the reasons prior to suspension.
All Intellectual Property Rights and title to the Services (except to the extent they incorporate any Customer Data, or items owned by the Customer or third parties) shall remain solely with the Company and/or its licensors and subcontractors. No ownership or interest in the Services, Intellectual Property Rights, or otherwise is transferred to the Customer under this Agreement.
The Customer retains sole ownership of all rights, title, and interest in and to the Customer Data and its pre-existing Intellectual Property Rights and is solely responsible for the legality, reliability, integrity, accuracy, and quality of the Customer Data. The Customer grants the Company a non-exclusive, non-transferable, royalty-free licence to use Customer Data, Customer Intellectual Property Rights, and any third-party owned items from the Effective Date for the Term, to the extent necessary to provide the Services.
The Customer shall not remove any proprietary marks or copyright notices from the Services.
The Customer assigns to the Company all rights, title, and interest in any Feedback provided by the Customer. If such assignment is ineffective for any reason, the Customer grants the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide licence to use, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without restriction.
The Customer grants the Company a perpetual right to use Statistical Data. Nothing in this Agreement prohibits the Company from using Statistical Data for business or operational purposes, provided that no Statistical Data revealing the identity of the Customer or Customer’s Confidential Information is shared with any third party.
The Company may implement and maintain technical measures to protect the Services from improper or unauthorized use, distribution, or copying.
The Company reserves the right to cancel any licence at its sole discretion upon providing 14 days’ written notice, without liability except to refund any Fees paid for periods after termination.
The Company reserves the right to refuse any order placed by the Customer. If an order is accepted, the Company will confirm acceptance by email.
No Fees will be charged for the Services during the Trial Period.
Upon expiry of the Trial Period, the free trial will automatically convert into a chargeable subscription for the Services. The Customer will be invoiced and charged the Fees as set out in the subscription plan selected during registration for the free trial. The Company will issue invoices as specified in the chosen subscription plan for continued use of the Services. All invoices are payable in full by the Customer. Fees exclude any applicable Value Added Tax (VAT) or other taxes, which shall be paid in addition by the Customer where required by law.
The Customer shall pay all Fees to the Company in advance and authorizes the Company to charge credit or debit cards upon issuance of each invoice. Fees correspond to the prices effective and listed on the Company’s online price list at the time each invoice is issued.
The Customer warrants that all information provided for obtaining the Services is accurate and that banking or card details provided belong to the Customer and have sufficient funds or credit to cover the Fees.
If payment is not received by the due date, the Company may disable the Customer’s password, account, and access to all or part of the Services. The Company shall have no obligation to provide Services or be liable for any loss or damage suffered by the Customer while invoices remain unpaid. The Company may charge interest on overdue Fees at the applicable statutory rate.
The Company reserves the right to recover any costs and reasonable legal fees incurred in collecting overdue payments.
Coupons, also referred to as promotional codes, are special codes that the Customer may apply to their purchase to receive a discount or special offer.
Coupons are valid only for a limited period and may expire without prior notice.
Coupons are generally limited to one use per Customer and cannot be combined with other promotions, discounts, or offers.
Certain coupons may be restricted to specific plans or services; Customers should review the coupon terms before applying them.
Coupons are not valid for past purchases or for plans or services that have already been paid for.
Coupons are non-refundable and cannot be reused or exchanged once applied.
The Company reserves the right to modify, suspend, or cancel any coupons or promotional offers at any time without notice.
By using a coupon, the Customer agrees to be bound by these terms and conditions.
Each party represents and warrants that:
(i) it has full corporate power and authority to enter into this Agreement and perform its obligations hereunder;
(ii) entering into and performing this Agreement does not violate or conflict with any other agreements to which it is a party and complies with applicable laws; and
(iii) it will comply with all applicable laws, regulations, governmental directives, and court orders related to this Agreement.
The Company warrants that:
(i) it has the right to license the Services;
(ii) the Services will be provided with reasonable skill, care, and professionalism in accordance with good industry practices;
(iii) the Services will materially operate to provide the functions and facilities described by the Company; and
(iv) the provision of the Services will not infringe any third party Intellectual Property Rights or breach any third-party obligations.
These warranties exclude:
(a) deficiencies or damages related to third-party components not supplied by the Company; and
(b) any third-party connectivity necessary for provision or use of the Services.
No warranty is given that the Services will meet the Customer’s specific requirements, operate uninterrupted, or be error-free.
The Customer represents and warrants that:
(i) it owns or has all necessary rights, permissions, copyrights, and licenses required to fulfill its obligations under this Agreement;
(ii) it will maintain reasonable security measures (which may evolve over time) to ensure confidentiality, authenticity, and integrity of access to the Services, including proper handling and protection of any identification credentials such as usernames, passwords, or other security devices, and promptly notify the Company of any breaches;
(iii) it will ensure its network and systems comply with the specifications provided by the Company and accepts sole responsibility for procuring and maintaining network connections and telecommunications links to the Company’s data centers, as well as all issues arising from or related to such connections or the Internet.
Any third-party content or information provided by the Company through the Services, such as pricing data, is provided “as is.” The Company makes no warranties regarding such content and disclaims all liability for Customer reliance on it.
Except as expressly stated herein, all warranties and conditions, whether statutory, implied, or otherwise (including but not limited to satisfactory quality and fitness for purpose), are excluded to the fullest extent permitted by law.
The Customer acknowledges that the Services are not intended for use in high-risk applications where precise mapping locations or features are critical, such as emergency services.
Nothing in this Agreement shall limit or exclude either party’s liability for fraud, death, or personal injury resulting from its own negligence or willful misconduct.
Subject to the above, neither party shall be liable to the other, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, or otherwise, for any Consequential Loss. For the purposes of this clause, Consequential Loss includes but is not limited to:
(i) pure economic loss;
(ii) loss or damages suffered by the Customer’s clients or other third parties;
(iii) loss of profit (whether direct or indirect);
(iv) loss due to business interruption;
(v) loss of revenue, goodwill, or anticipated savings; and
(vi) wasted management or employee time, whether arising in the ordinary course of business or not.
Subject to the exclusions above, the total aggregate liability of the Company to the Customer (whether in contract, tort, or otherwise) under or in connection with this Agreement, or in respect of any indemnity or contribution claim, shall be limited to one hundred percent (100%) of the total Fees (excluding VAT and other applicable taxes) paid or payable by the Customer to the Company in the twelve (12) months preceding the event giving rise to the claim. If the Agreement has been in effect for less than twelve (12) months, that shorter duration shall apply.
The Customer shall be held responsible for any breach of this Agreement resulting from acts, omissions, or negligence by users accessing the Services, as though such acts or omissions were those of the Customer itself.
No claim may be brought by the Customer under this Agreement more than one (1) year after the earlier of:
(i) the date the circumstances giving rise to the claim became known (or reasonably should have become known); or
(ii) the effective termination date of this Agreement.
Each party acknowledges that, in entering into this Agreement, it has relied on its own skill and judgment and not on any representation or warranty made by the other party or its employees or agents, except as expressly stated in this Agreement.
The Company agrees, at its own cost, to:
(i) defend or, at its discretion, settle any claim or legal action brought against the Customer by a third party alleging that the Services infringe any Intellectual Property Rights (excluding claims based on Customer-provided content); and
(ii) pay any final judgment awarded or settlement agreed upon, provided that:
(a) the Customer promptly notifies the Company of the claim;
(b) the Company has sole control over the defence and/or settlement of the claim; and
(c) the Customer provides reasonable cooperation and assistance to the Company in the defence or settlement process.
If the Services or any part thereof become, or in the Company’s reasonable opinion are likely to become, subject to an infringement claim, the Company may, at its own expense and discretion:
(i) procure the right for the Customer to continue using the Services;
(ii) replace the infringing elements with non-infringing alternatives; or
(iii) modify the Services to render them non-infringing.
The Company shall not be liable under this clause to the extent the claim arises from:
(i) the combination, operation, or use of the Services with services or software not provided by the Company, where such infringement would not have occurred otherwise;
(ii) use of the Services in a manner not permitted under this Agreement; or
(iii) the Customer’s negligence or willful misconduct.
The Customer agrees to defend, indemnify, and hold harmless the Company and its employees, subcontractors, and agents from any and all costs, losses, fines, liabilities, and expenses (including reasonable legal fees) arising directly or indirectly from:
(i) any alleged infringement or misuse of Intellectual Property Rights by the Customer in connection with use of the Services outside the scope of this Agreement;
(ii) any access to or use of the Services by the Customer’s users or third parties;
(iii) the Company’s use of Customer Data or any Customer- or user-provided materials;
(iv) any violation of data protection laws or the terms of the Data Processing Agreement (DPA) by the Customer; and
(v) any breach of this Agreement by a user.
The Company may take reasonable measures to prevent such breaches from continuing.
Subject to clauses 8.1 through 8.4, each party (“the first party”) agrees to indemnify the other (“the second party”), including its officers, employees, and agents, against any and all costs or expenses (including settlements) arising from any third-party claims, actions, or demands brought under this clause. This includes all reasonable legal fees and costs incurred by the second party in defending such claims.
This Agreement shall commence on the Effective Date and continue for the duration of the Initial Term. Thereafter, it shall automatically renew for successive Renewal Terms unless either party terminates the Agreement in accordance with this clause.
The Customer may terminate the Agreement for convenience by providing at least thirty (30) days’ prior written notice before the end of the Initial Term or any Renewal Term. Such termination shall become effective at the start of the following Renewal Term.
The Company may terminate this Agreement or suspend the provision of Services with immediate effect if:
(i) the Customer has used or allowed use of the Services in violation of this Agreement; or
(ii) the Company is legally prohibited, under the laws of England or other applicable jurisdiction, from providing the Services.
Either party may terminate this Agreement by giving written notice to the other if the other party:
(i) becomes insolvent, enters into liquidation (except for the purpose of a bona fide corporate restructuring), has a receiver or administrator appointed, is unable to pay its debts as defined under section 268 of the Insolvency Act 1986, ceases or threatens to cease trading, or undergoes any similar proceedings in any jurisdiction;
(ii) commits a material breach of this Agreement that, if capable of remedy, is not cured within five (5) Business Days of receiving written notice specifying the breach; or
(iii) is unable to perform its obligations under this Agreement for more than twenty-eight (28) consecutive days due to a Force Majeure event.
Upon termination:
(i) the Company shall cease providing the Services, and all licences granted to the Customer shall immediately terminate;
(ii) the Customer shall pay all outstanding Fees due for the remainder of the Term. No prepaid Fees will be refunded;
(iii) upon request by the Customer within thirty (30) days of termination, the Company shall delete or return all Customer Data in a machine-readable format, free of charge. Requests for data export in alternative formats may be subject to additional fees.
Termination of this Agreement shall not affect any rights or obligations accrued prior to the termination date. Any clauses which by their nature are intended to survive termination shall remain in effect thereafter.
Each party agrees to use the Confidential Information of the other party solely for the purposes of fulfilling its obligations under this Agreement and to maintain such information in strict confidence, except where disclosure is required by law.
Confidential Information may be disclosed to employees, agents, or contractors of the receiving party on a need-to-know basis, provided that such individuals are subject to confidentiality obligations no less stringent than those contained in this Agreement.
Upon completion or termination of the Services, each party shall return or securely destroy all materials and documentation containing the other party’s Confidential Information upon request.
The confidentiality obligations under this Agreement do not apply to information that:
(i) was lawfully in the receiving party’s possession before disclosure;
(ii) becomes publicly available other than as a result of a breach of this Agreement; or
(iii) is required to be disclosed by law, court order, or regulatory authority.
Each party shall comply with its respective obligations under applicable data protection legislation, including but not limited to the UK GDPR, EU GDPR, and any relevant local data protection laws.
Where personal data is processed as part of the Customer’s use of the Services, the parties acknowledge that the Customer is the data controller and the Company is the data processor. The parties shall adhere to their respective obligations under the applicable data protection laws and the terms of the Data Processing Agreement (DPA), which is incorporated by reference.
In the event of a third-party claim alleging a violation of data protection rights, the Company reserves the right to take reasonable measures to mitigate or prevent any continued infringement.
When the Company collects and processes personal data as a data controller (e.g., during customer registration or service orders), such processing shall be governed by the Company’s Privacy Policy, which forms part of this Agreement.
Nothing in this Agreement shall be construed to grant any rights or benefits to any third party. This Agreement is not intended to be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or any equivalent legislation in any applicable jurisdiction.
Neither party shall be liable for any delay or failure in performing its obligations under this Agreement if such delay or failure results from an event of Force Majeure. For the purposes of this Agreement, “Force Majeure” means any circumstance beyond a party’s reasonable control, including but not limited to natural disasters, war, terrorism, strikes, governmental actions, or widespread internet or utility outages.
The affected party shall notify the other party as soon as reasonably practicable upon becoming aware of a Force Majeure event and shall provide details of the extent to which its performance is affected.
If a Force Majeure event continues for more than twenty-eight (28) consecutive days, the unaffected party may terminate this Agreement with immediate effect by providing written notice, without incurring any liability or penalty.
15.1 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that best reflects the original commercial intent of the parties.
15.2 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings, representations, negotiations, and communications, whether written or oral, relating to its subject matter.
15.3 Assignment
Neither party may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the other party, which shall not be unreasonably withheld. Notwithstanding the foregoing, the Company may assign this Agreement without consent to:
(i) any affiliated entity within its corporate group; or
(ii) any successor entity in the context of a merger, acquisition, or sale of assets, provided that such assignee is not a direct competitor of the Customer.
15.4 Independent Contractors
The parties are independent contractors. Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the parties.
15.5 Notices and Amendments
All notices required under this Agreement shall be made in writing and deemed delivered:
(i) if sent by registered post, when received by the recipient at the address specified in this Agreement; or
(ii) if sent by email, when sent to the email address customarily used for invoicing or operational communication.
The Company may amend this Agreement by providing thirty (30) days’ prior written notice via email. Continued use of the Services beyond this period shall constitute acceptance of the updated terms. If the Customer does not agree to the changes, it may terminate the Agreement before the end of the notice period.
15.6 Publicity
Neither party shall issue any press release or make any public announcement regarding the terms or existence of this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, the Company may use the Customer’s name and logo for the limited purpose of listing the Customer as a client on its website or in marketing materials.
15.7 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The courts of England shall have exclusive jurisdiction to resolve any disputes arising out of or in connection with this Agreement.
Last updated: [Insert Date]
This Agreement (“Agreement”) governs participation in the Cookietrust.io Partner Program (“Program”) and is entered into by and between you (“Affiliate” or “Agency Partner”) and Cookietrust.io (“Cookietrust”, “we”, “us”). By registering for or participating in the Program, you agree to be bound by these terms. If you do not accept these terms, you are not permitted to participate.
You agree not to use Cookietrust’s services or brand to infringe upon third-party rights, including but not limited to intellectual property, reputation, privacy, or applicable laws. Any use of our services or brand for illegal, misleading, or harmful activities is strictly prohibited.
This Agreement shall be governed by the laws of England and Wales. In any legal action to enforce this Agreement, the prevailing party shall be entitled to recover reasonable legal costs and attorney fees.
Cookietrust reserves the right to suspend or terminate your participation in the Program, including forfeiture of earned commissions, for violations including (but not limited to):
Misleading, fraudulent, or aggressive marketing
Spamming (e.g., bulk emails or unsolicited posts)
Misuse of promotional codes or unauthorized campaigns
Breach of these terms or any other Cookietrust policies
Affiliates are entitled to a 30% commission on eligible sales made via their unique referral link, unless otherwise agreed in writing.
Commissions are calculated monthly.
The minimum payout threshold is $100 (or as otherwise agreed).
Payments are made at month-end for balances exceeding the threshold.
Only the first purchase from a user account is eligible for commission.
Additional purchases or renewals by the same user will not qualify.
Affiliates must not use deceptive methods to advertise non-existent coupons or deals. The following practices are strictly prohibited:
Bidding on branded keywords including “Cookietrust coupon” or variants
Triggering affiliate cookies through misleading pop-ups, banners, or overlays
Displaying deals or coupons without clear user consent and transparency
Pay-per-click (PPC) advertising is only allowed with Cookietrust’s prior approval.
Affiliates may not bid on Cookietrust brand terms or their variations.
Advertising must comply with Google Ads and platform-specific policies.
Cookietrust shall not be liable for any advertising-related losses or expenses.
Subject to this Agreement, Cookietrust grants you a limited, non-exclusive, non-transferable, revocable license to use its brand assets (logo, name, etc.) solely for promotional purposes under the Program.
You agree not to:
Misrepresent your relationship with Cookietrust
Suggest endorsement beyond the scope of this Agreement
Use the brand in offensive, unlawful, or misleading contexts
Cookietrust may use your logo and brand name in its partner directories and marketing communications.
You may use officially provided content and media but must not alter them without prior written consent. Any content you publish must:
Accurately reflect Cookietrust offerings
Be factually correct and updated regularly
Avoid association with defamatory, violent, pornographic, or unlawful content
Cookietrust reserves the right to determine violations at its sole discretion.
The Program may not be used for personal purchases.
Affiliates may not target existing Cookietrust customers.
You must comply with all applicable laws and fair marketing practices.
You may not claim to represent or bind Cookietrust legally or commercially.
Cookietrust shall not be liable for:
Lost commissions due to tracking issues
System errors or service interruptions
Indirect or incidental damages arising from participation in the Program
You agree to indemnify and hold Cookietrust and its officers, affiliates, employees, and agents harmless from any claims, liabilities, damages, or expenses arising from your participation in the Program, including any breach of this Agreement or applicable law.
Cookietrust may update these terms periodically. Updates will be posted on this page. Continued participation in the Program after changes are posted constitutes acceptance of the revised terms.