Legal document

Terms of service

This terms of service has been created, managed, and kept up-to-date by Conseno.

Last updated: May 30, 2024

1. Introduction

1.1. This Terms of Service Agreement (“Terms”) establishes the legal relationship between you, whether acting individually or on behalf of an entity such as a company, organization, or another legal form, including its affiliates (“Customer”), and Conseno OÜ, also referred to as “Conseno,” “we,” “us,” or “our.”

1.2. This Agreement governs your access to and use of our proprietary consent and data compliance platform, which encompasses systems, applications, tools, content, technical interfaces and related support activities, collectively known as the “Services.”

1.3 The Services are accessible through our website (www.conseno.com) and all related subdomains. Whether the Services are provided for free or under a paid subscription plan, as detailed at https://www.conseno.com/pricing/ (“Subscription Plan”), your access and use are subject to this Agreement.

1.4. By accepting this Agreement, through methods such as clicking a box indicating your acceptance, executing an order form that references these Terms, or otherwise, you acknowledge and agree to be bound by this Agreement, including any applicable details of the Subscription Plan. This forms a legally binding contract between you and Conseno.

1.5. It is crucial that you thoroughly read these Terms, as they regulate your access to and use of Conseno’s consent and data compliance platform services. These services are available to you and include any upgrades, modifications, extensions, improvements, and derivative works.

1.6. Upon acceptance, you confirm that you possess the legal authority to bind the entity you represent to these Terms, that you understand these Terms, and that you agree to these Terms on behalf of the entity represented.

1.7. Our services are intended only for official business entities, not for personal use.

1.8. By registering for a free plan or by completing the online registration form for a paid subscription plan to the Services and clicking the acceptance buttons related to our Terms and Conditions, Data Processing Agreement (DPA), and Privacy Policy, you, the Customer, consent to be legally bound by these documents, as they may be updated and posted on our website over time.

1.9. In case of inconsistency among these documents, the order of precedence is as follows: Terms of Service, DPA, and then the Privacy Policy.

1.10. If you disagree with these documents, you should not proceed with the registration for a free plan or subscription to our Services.

1.11. The last update to these Terms is stated at the beginning of this document and they are effective as of the date you set up an account or place an order.

1.2. Conseno reserves the right to amend these Terms periodically. If changes are deemed significant, Conseno will notify registered Customer via email at least 60 days before the changes take effect. Continuation of our website or services post-modification implies your acknowledgment and acceptance of the updated Terms. The prevailing Terms will always be those available on our website. In the event of any discrepancies between the website’s wording or the wording of earlier Terms and these Terms, the latter shall prevail.

1.3. Translations of these Terms and all other texts on the website from English to other languages are provided for convenience only. They are unofficial and should be interpreted according to the English version, which will prevail in case of discrepancies. Conseno is not liable for any errors, omissions, or ambiguities in the translations. Anyone relying on the translated content does so at their own risk. If in doubt, refer to the official English language version.

2. Definitions

In these Terms, the following words shall have the following meanings:

  • “Acceptable Use Policy” means Conseno’s Acceptable Use Policy, which is incorporated into these Terms.
  • Account Information” means the data related to your Conseno Account, including information you or your users submit to Conseno for (i) establishing or managing your Conseno account; or (ii) facilitating Conseno’s support and maintenance of your account or the Service. This encompasses details such as names, usernames, passwords, email addresses, and financial information for billing purposes.
  • “Affiliate” means any entity that, directly or indirectly, is controlled by, has control over, or is under common control with a party. ‘Control’ in this context means owning at least 50% of the shares or having the authority to direct the management and policies of the entity.
  • “Beta Release” means versions of the Service or other Conseno offerings that are in alpha, beta, development, testing, experimental, preview, or early-access stages. The application of any of these descriptors to a feature, product, or program serves as notification of its Beta Release classification.
  • “Conseno Account” means the account on the Service you register and open in order to access and use the Service. Each Conseno Account can have either one or multiple users who can interact with the Service.
  • “Conseno AI Functions” means features and capabilities of Conseno that leverage artificial intelligence, machine learning, or related technologies.
  • “Customer Data” means any information, content, or materials that you submit through the Service to your Conseno Account, including from Third-Party Services. This includes consent logs and other data collected by the service.
  • “DPA” means the Data Processing Addendum provided by Conseno, which outlines the responsibilities and requirements for handling Personal Information (as the term is defined within the DPA) in compliance with applicable data protection laws.
  • “Documentation” means the official guides and support materials for the Service provided by Conseno, accessible through our help center (help.conseno.com), subject to updates and modifications by Conseno over time. It is important to note that Documentation specifically excludes any materials published outside of our official help center, including content on other websites, communities, or forums.
  • “Feedback” means any type of feedback, comments, ideas, proposals, and suggestions for enhancements that you provide, relating to the Service, any Beta Release, or other products, services, or operations of Conseno.
  • “Fees” means the fees associated with your use of the Service, determined by the specific plan you select, as outlined in our pricing details provided within the Service or on Conseno’s website, or as specified in a formal order form from Conseno, if applicable.
  • “High-Risk Activities” describes scenarios where the use or malfunction of the Service could result in severe consequences, including death, personal injury, or significant environmental harm. This encompasses, but is not limited to, operations of life support systems, emergency services, nuclear facilities, autonomous vehicles, and air traffic control systems.
  • “Inactive Account” means any Conseno Account and its users that are on a free plan for a period of twelve (12) months or more.
  • “Sensitive Personal Data” means any data that includes (i) patient, medical, or other protected health information governed by the Health Insurance Portability and Accountability Act (HIPAA), in its amended and supplemented form; (ii) numbers pertaining to credit, debit, banking, or other financial accounts; (iii) social security numbers, driver’s license numbers, or other types of government identification numbers; and (iv) special categories of personal data as defined under the European Union General Data Protection Regulation (GDPR).
  • “Subscription Term” means the duration for which you have committed to using the Service under a subscription agreement.
  • “Supplemental Terms” mean any additional conditions that are presented to you when you register for or initially access a Beta Release of the Service.
  • “Suspension” means temporarily disabling access to the Service due to non-compliance with these Terms or non-payment of Fees. During a suspension, you will lose access to the Services, and they will cease to function. However, all configurations and data collected before the suspension will remain intact. The suspension can be lifted by addressing the issue(s) that led to the suspension, allowing you to continue using the Service as previously configured.
  • “Taxes” means any forms of sales, use, Goods and Services Tax (GST), value-added, withholding, and similar taxes or charges applicable to the Service, whether they are imposed domestically or internationally.
  • “Termination” means the ending of the contractual agreement between the Customer and Conseno, resulting in the cessation of access to the Service, deletion of the Conseno Account, and all associated data.
  • “Third-Party Login” means your login credentials from a supported third-party site or product which are integrated to allow you to access your Conseno Account.
  • “Third-Party Services” means services or resources provided by parties other than the primary service provider, including but not limited to websites, platforms, applications, software, or integrations that work in conjunction with the Service.
  • “Usage Information” means analytical data related to the delivery, utilization, and efficiency of the Service, integrations with Third-Party Services, and associated systems and technologies. This includes metadata, usage trends of the Service’s features and functions, details about your interactions with your account, and derived analytics, as well as configuration details.

3. Conseno Account Registration

3.1. Account Registration and Service Access License: To access and utilize the Service, registration of a Conseno Account is required. You are obligated to supply, and continually update to ensure accuracy, completeness, and current status of your Account Information. With the successful registration of a Conseno Account and in compliance with these Terms, Conseno grants you access to the Service for the duration of your Subscription Term, exclusively for your internal business use and consistent with the provided Documentation.

3.2. Account Eligibility Requirements: By setting up a Conseno Account, you affirm, guarantee, and commit that you possess the legal authority (including, but not limited to, being of the requisite age) to form legally binding contracts under the laws of your jurisdiction of residence.

3.3. Account Credentials Management: For the operation and access to your Conseno Account, you have the option to either (i) establish an account by using your email address and a unique, one-time access code sent to your email for each login; or (ii) utilize login details from a supported external service through Third-Party Login. The security and confidentiality of your Conseno Account login information rest with you. Should there be any suspicion or confirmation of unauthorized access to your Conseno Account, it is your responsibility to promptly inform Conseno by submitting a support request as described on www.conseno.com/support/. You accept full responsibility and liability for all activities conducted through your Conseno Account, ensuring adherence to all relevant legal, regulatory, and third-party requirements. Moreover, you acknowledge that Conseno is not responsible for any financial loss, damage, or other consequences resulting from your failure to safeguard your Conseno Account or Third-Party Login information.

4. Fees, Taxes, Term, and Termination

4.1. Fees: Access to specific functionalities within the Service is contingent upon the remittance of applicable Fees. It’s crucial to understand that any Service accessed is provided without warranties or indemnifications of any kind, on an “as-is” basis.

Invoices for the Fees associated with the subscription plan you select will be available from your Conseno Account and are due for payment in full upon issuance.

Payment of all Fees to Conseno is required in advance. By entering into this agreement, you authorize Conseno to process payment of Fees via credit or debit card in advance at the time of each invoice issuance. If you pay by bank transfer (which cannot be guaranteed to be available), you must pay your invoice within 7 days of receipt. Conseno reserves the right to not activate your paid subscription plan until the payment has been successfully transferred to us.

The Fee amount will correspond to the price listed on the Conseno order form effective at the time the invoice is generated.
You assure that the information provided for acquiring the Service is accurate and that the bank and card details belong to you, with adequate funds or credit available to cover the Fees.

Should there be a failure to receive payment by the scheduled due date, Conseno reserves the right to suspend your account and restrict access to the Service. During such times, Conseno is not obligated to deliver any services or compensate for any losses you might incur due to the non-payment. Furthermore, Conseno may impose interest on late payments at the statutory rate.

In the event of overdue payments, Conseno also reserves the right to claim reimbursement for any costs and reasonable attorney fees incurred in the pursuit of these payments.

4.2. Taxes: You are responsible for any taxes, levies, or duties imposed by any applicable law, excluding Conseno’s income tax. All Fees and expenses are exclusive of these taxes, levies, or duties. If Conseno is required by law to pay or collect taxes on your behalf, Conseno will invoice you for the amount, and you are required to pay this amount unless you provide a valid tax exemption certificate issued by the relevant tax authority.

4.3. Subscription Term and Automatic Renewal: The Subscription Term starts upon registration for a Conseno Account and corresponds to the billing cycle chosen, or as stated on a Conseno order form, if applicable. Each subscription plan includes a specified usage threshold, which may include page views or other metrics as detailed in the plan. Your subscription will automatically renew under the same plan (or a successor plan, if the original is no longer available) when the billing cycle ends or when the usage thresholds are depleted, even if the billing cycle has not ended. If the billing cycle ends before the usage thresholds are depleted, any unused thresholds will not transfer to the new billing cycle. Renewals are contingent on the Service and plan availability and will incur Fees at the then-current rate.

4.4. Fee Increases: Conseno reserves the right to increase its fees at the end of the current Subscription Term (as defined in 4.2) and will provide 60 days’ prior notice of any such increase. If the Customer objects to the fee increase, the Customer may cancel the paid Services by following the procedure outlined in 4.4 of these Terms. If the Customer does not exercise the right to cancel or change a plan within this period, the increased fees will be considered accepted by the Customer.

4.5. Changing Your Plan or Deleting Your Account: You can change your plan or delete your Conseno Account. This can be done by either logging into your Conseno Account and following the necessary steps, or by submitting a support request as described on www.conseno.com/support/ from the user registered as the Conseno Account owner or administrator. For the avoidance of doubt, the following do not constitute cancellation of a paid plan or termination of your Conseno Account: (i) a request to cancel your Conseno Account made through an anonymous chat or phone call; (ii) revoking or suspending the payment method registered with Conseno for paying your Account Fees; or (iii) any cancellation or termination confirmation from a party other than Conseno. You expressly acknowledge that downgrading your Service may cause the loss of critical features or other capabilities of your Conseno Account, and that Conseno does not accept any liability for such loss.

4.6. Termination or Suspension by Conseno: We hold the right to terminate or suspend your access to the Service and your Conseno Account at any time for any reason, with a 60-day notice. If termination or suspension occurs without cause, we will refund the proportional part of any advance payment. No refund will be provided if the termination is due to a breach of these Terms or the Acceptable Use Policy.

4.7. Consequences of Termination or Deletion: Termination or Deletion of your Conseno Account permanently removes access to the account and any Customer Data, with no possibility of restoration. Inactive Account may be deleted along with all associated data. Termination or Deletion of the Service does not affect the rights and obligations accrued prior to termination or deletion. Provisions of these Terms intended to survive termination will remain in effect, including rights to payment, restrictions on use, indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

5. Your Use of the Service and Limitations

5.1. Account and Use of Service: The use of your Conseno Account and the Service is permitted solely for (i) purposes that are legally permitted and (ii) in a manner that complies with both these Terms and the accompanying Documentation.

5.2. Prohibited Use: The Service must not be used or accessed in any way that breaches the Acceptable Use Policy. Additionally, you are prohibited from, and you cannot allow others to, directly or indirectly: (i) commercialize, sublicense, distribute, transfer, lend, or rent the Service; (ii) reverse engineer, decompile, or disassemble the Service, except as allowed by law after giving prior notice to Conseno; (iii) copy, alter, derive works from, or eliminate notices of ownership from the Service; (iv) perform security testing, disrupt the Service’s functionality, or bypass its protective measures; (v) create products or services that compete with Conseno; or (vi) utilize the Service beyond the expressly granted rights.

5.3. Prohibited High-Risk Activities and Sensitive Personal Data: The Service is not to be used for any High-Risk Activities or for processing or transmitting Prohibited Sensitive Personal Data. Any liabilities arising from such activities or data misuse are not covered under these Terms.

5.4. Right to Monitor and Enforce: While we retain the right, we do not commit to routinely monitor the Service for breaches of law or these Terms. We may act against any violation, including removing or deleting offending Customer Data. Whenever possible, we aim to notify you in advance of such actions, but in cases where your actions pose a risk to the Service or others, we may act without prior notice. We bear no responsibility for any decision to support, remove, or delete your Customer Data.

5.5. Beta Release Participation: Occasionally, Conseno may offer you the opportunity to access Beta Releases, at its sole discretion. By participating, you agree that: (i) any insights, feedback, or data you provide about the Beta Release will be considered Feedback; (ii) all information related to the Beta Release, including visuals or recordings, is deemed Confidential Information of Conseno; (iii) Beta Releases are temporary and should not be counted on for prolonged use; (iv) Conseno retains the right to end or revoke access to any Beta Release at any time without notice; (v) Conseno is permitted to collect and utilize data from your use of a Beta Release for improving and developing its offerings; and (vi) your use of Beta Releases is at your sole risk, without any liability for Conseno. Beta Releases are provided without any warranties, guarantees, or indemnifications of any kind, and the usual warranties and indemnity clauses do not apply. Should there be Supplemental Terms for a Beta Release, these take precedence over conflicting provisions in these Terms for that specific Beta Release.

5.6. Service Limitations: Consents are kept for up to 12 months, after which they are automatically deleted. You can download a copy of the consent log manually from the Conseno Account or by submitting a support request as described on www.conseno.com/support/.
The daily compliance monitoring (scanning) threshold is limited to 10,000 pages per month unless agreed otherwise with a custom plan. This does not warrant that 10,000 pages are scanned every month, as we aim to prevent overloading your website. Additionally, we cannot ensure that the daily monitoring will identify all potential risks.

5.7. Responsibility: Conseno is solely the software as a service (SaaS) provider, and it is your responsibility to ensure correct and compliant implementation, including presenting users with compliant consent requests and ensuring that the categorization and purpose descriptions of cookies identified during website scans, or those manually altered or added, comply with their usage on your website and with relevant legislation. The relevant legislation is not necessarily implemented in the same way in all countries, and we cannot guarantee that using Conseno will automatically lead to compliance with all relevant rules and regulations concerning the use of cookies or the collection of consents to the use of cookies.

If not using the Service, it is your responsibility to remove the Conseno script from your website as soon as possible. Failure to do so may result in incorrect consent management or website errors, and Conseno will not be responsible for any issues that arise from not removing the script in a timely manner.

6. Our data privacy and protection

6.1. Adherence to Data Protection Laws: Each party commits to fulfilling its responsibilities under the applicable data protection laws, principles, and agreements, ensuring full compliance with these regulatory standards.

6.2. Roles in Data Processing: When Customer Data is handled during the use of the Services, it is recognized that Conseno acts as a data processor and you as the data controller. Both parties are obligated to adhere to their specific responsibilities under the prevailing data protection legislation and the terms outlined in the Data Processing Agreement (DPA).

6.3. Handling Third-Party Data Rights Claims: Should there be any claim by a third party alleging that their data protection rights have been violated, Conseno reserves the right to implement necessary actions to halt any ongoing infringement of these rights.

6.4. Data Collection and Processing: In instances where Conseno, functioning as the data controller, collects and processes your personal data in the course of providing Services — such as through email address collection at registration or during the service order process — this will be conducted in strict conformity with our Privacy Policy.

6.5. Data Protection Audit and Support for Data Protection Requests: You may request a data protection audit to be conducted by an independent third party approved by Conseno. The cost for initiating such an audit is €3,500 plus any applicable taxes, along with any other costs associated with the audit, such as fees charged by the auditor. Additionally, there is a fee of €150 per hour plus any applicable taxes for the time Conseno spends supporting the audit or handling data protection requests.

7. Terms that Apply to Your Data

7.1. Ownership of Customer Data: You retain ownership of all Customer Data that is transmitted to, processed, or stored within the Service. When you provide Customer Data to the Service, you grant Conseno a global, non-exclusive license for the duration of your use of the Service. This license allows Conseno to access, utilize, process, duplicate, keep, distribute, perform, transmit, export, and showcase your Customer Data, as well as to access your Conseno Account. These activities are conducted as necessary to (i) deliver, maintain, and enhance the Service; (ii) address or prevent issues related to service, security, support, or technical aspects; and (iii) comply with legal obligations.

7.2. Responsibility for Customer Data: You bear full responsibility for the accuracy, quality, legality, and integrity of the Customer Data, along with any actions initiated by such data. You affirm that (i) you possess all required consents, rights, and permissions to provide Customer Data to the Service and to permit any resultant activities on the Service, and to otherwise handle Customer Data within the Service; and (ii) the provision, processing, storage, and utilization of Customer Data as authorized by these Terms or through your use of the Conseno Account will not infringe upon any laws, regulations, these Terms, or any agreements with third-party services.

8. Intellectual Property and Service Enhancement

8.1. Rights to the Conseno Service: The Service is provided for your use with restricted access, and no ownership rights are transferred to you. Despite any provisions in these Terms suggesting otherwise, both Conseno and its licensors maintain complete ownership, including all intellectual property rights, in the Service and its entirety. This includes updates, modifications, extensions, and any works derived from the Service. Any rights not explicitly granted to you under these Terms are reserved by us. In addition, you are not allowed to remove any proprietary marks or copyright notices from the Service.

8.2. Contribution of Feedback: Conseno values your input and encourages the submission of Feedback. Should you offer any Feedback, we reserve the right to use it freely, without any obligation for compensation or restriction.

8.3. Utilization of Usage Information: Irrespective of any other provisions in these Terms, Conseno may gather, analyze, and utilize Usage Information for the purposes of operating, enhancing, and developing its products or services. This includes using such information for model training and other business-related purposes.

8.4. Trademark Usage: The “CONSENO” name, the CONSENO logo, and all related product names are trademarks or service marks owned by Conseno. Nothing within these Terms is intended to grant you the right to use any trademarks of Conseno without the explicit written permission from Conseno. Furthermore, you provide Conseno the permission to publicly acknowledge you as a Customer and to use your logos and trademarks for this specific purpose. If you wish to revoke this permission, you need to contact us directly.

9. Third-Party Services

The Service may contain, or otherwise enable, links to and integrations with Third-Party Services, whether located within the Service or on separate Third-Party Service websites that connect back to the Service.

Conseno provides and/or enables such links to and integrations solely as a convenience, has no responsibility for the content, functionality, or availability of such Third-Party Services, and does not endorse such Third-Party Services (or any products or other services associated therewith). Access to any Third-Party Services linked to the Service is at your own risk, and Conseno is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made by, on, or through such Third-Party Services.

10. Service Warranty, Disclaimers, and Liability

10.1. Service Warranty and Remedies: Conseno commits to delivering the Service as described in the official Documentation and under normal use conditions during the Subscription Term. Should the Service fail to meet this warranty, your sole remedy will be either the correction of the Service deficiencies by Conseno or, should we fail to do so, the option to terminate your Conseno Account and receive a prorated refund. Notice of any service deficiencies must be provided in writing within ten (10) days of their occurrence.

10.2. Disclaimer of Warranties: The Service is provided “as is” and “as available,” without any warranty that it will meet your specific needs, function without interruptions or errors, or that any obtained information will be reliable. Conseno and its licensors disclaim all warranties, whether express, implied, or statutory, not expressly set out in these terms, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The entire risk arising out of the use and performance of the Service lies with you.

10.3. Limitations of Liability: Except for liabilities that cannot be limited by law (such as for fraud, or death or personal injury resulting from negligence), neither party will be liable for any indirect, special, incidental, consequential, or exemplary damages arising from the use of the Service. This includes, but is not limited to, loss of profits, data, goodwill, or other intangible losses. Furthermore, the aggregate liability of Conseno will not exceed the total fees paid by you to Conseno during the twelve (12) months preceding the claim.

10.4. Indemnification: You agree to defend, indemnify, and hold harmless Conseno and its affiliates, officers, agents, and employees from any claims or damages, including legal fees, arising from your use of the Service or violation of these Terms. Conseno retains the right to assume exclusive defense for claims under this indemnification, in which case you must provide necessary cooperation.

10.5. Time Limitation for Claims: You cannot initiate a claim against Conseno more than one (1) year after the cause of action accrues. This limitation ensures timely resolution of disputes and maintains the efficacy of the Service.

10.6. Mutual Acknowledgement: Both parties acknowledge their own expertise in entering this agreement, not relying on any representation not expressly provided in these Terms. This clause underscores the informed consent and mutual understanding underpinning this agreement.

10.7. Comprehensive Remedies: The remedies outlined in this section represent the sole and exclusive recourse for any breaches or claims arising under these Terms, highlighting the parties’ agreed-upon mechanisms for addressing potential issues.

11. Confidentiality of Information

11.1. Confidential Information Definition and Scope: Both parties may exchange Confidential Information through their interactions related to the Service. “Confidential Information” encompasses any data or information that, due to its character and the circumstances of its disclosure, should reasonably be considered confidential. This includes, but is not limited to, undisclosed business operations, product details, technological innovations, and marketing strategies. The explicit labeling of information as “Confidential” serves as a direct indication of its nature. However, Confidential Information does not cover data that: (i) is already public or becomes public through no fault of the receiving party; (ii) was already known to the receiving party without a confidentiality obligation; (iii) is received from another source not bound by confidentiality; or (iv) is independently developed without reference to the disclosing party’s confidential data.

11.2. Obligations for Handling Confidential Information: The party receiving Confidential Information agrees to: (i) use reasonable care to prevent unauthorized use or disclosure by limiting access to individuals, affiliates, and contractors who need it for service-related purposes and are bound by confidentiality agreements similar to this one; and (ii) not use or disclose the Confidential Information beyond the needs of the Service and the stipulations of this agreement. Disclosure to financial and legal advisors is permissible, assuming these advisors adhere to similar confidentiality agreements.

11.3. Termination of Confidentiality Obligations: Upon the conclusion of the services outlined in this agreement, all materials containing Confidential Information must be returned to the disclosing party. Information that cannot be returned must be deleted. The duty to maintain confidentiality does not apply to information that: (i) was lawfully known to the recipient prior to discussions leading to this agreement; (ii) is or becomes publicly available through no breach of this agreement; or (iii) must be disclosed due to legal requirements.

11.4. Authorized Disclosure: Confidential Information can be shared with employees and agents on a need-to-know basis solely for executing obligations under this agreement, contingent upon such individuals adhering to similar confidentiality agreements.

12. Additional Information about the Service

12.1. Administrative Controls: If your Conseno Account designates certain users as owners or administrators, you acknowledge and consent to the possibility that these users can access, modify, or delete your Customer Data and other account information as specified in the Documentation.

12.2. Service Location: Conseno provides the Service from cloud-based infrastructure primarily located within the European Union. Additionally, access to, and management of, the Service and Customer Data may occur from multiple global locations outside the European Union.

12.3. Role of the Conseno Extended Team: The Conseno Extended Team, encompassing our employees and those of our affiliates, may be involved in fulfilling our contractual rights and obligations under these Terms. Conseno remains responsible for ensuring that the Extended Team complies with the obligations stipulated in these Terms.

12.4. Use of Conseno AI Functions:

12.4.1. General Application: Occasionally, Conseno may integrate AI-driven functions (“Conseno AI Functions”) into the Service. These functions involve you providing data (“Input”), which is processed to produce AI-generated results (“Output”).

12.4.2. Responsibility and Risk: Inputs you provide are treated as Customer Data, and you are authorized to use Outputs according to these Terms. You bear sole responsibility for the Inputs you provide, including their legality and compliance with these Terms. Note that similar Inputs from different users may result in identical or comparable Outputs.

12.4.3. Disclaimers on AI Output: You accept that any reliance on information obtained through Conseno AI Functions is at your own risk. It is advisable not to trust factual claims in Output without independent verification. Similarly, any content provided in Output should be independently reviewed for appropriateness to your requirements. No advice or information, whether expressed or implied, obtained through Conseno AI Functions creates any warranty not explicitly stated in these Terms.

12.4.4. Prohibited Uses of AI Outputs: You are prohibited from using Conseno AI Functions or the Outputs to:

  • Develop foundational models or large-scale models that compete with Conseno or its AI functionalities.
  • Represent that the Output was entirely human-generated if it was not.
  • Contravene any technical documentation, usage guidelines, or specified parameters.
  • Make automated decisions that could negatively impact individual rights without proper human oversight.
  • Infringe upon, violate, or misappropriate any rights of Conseno or any third party.

13. General Provisions

13.1. Class Action Waiver: You agree not to bring or participate in any class, collective, or representative action against Conseno. You also waive any right to participate as a class representative or member, or as a private attorney general, in any lawsuit against Conseno. The arbitrator in any arbitration proceeding under these Terms will not have authority to combine any arbitrations involving different parties or claims.

13.2. Force Majeure: Neither party will be liable for delays or failures in performance resulting from events beyond their reasonable control. This includes, but is not limited to, denial-of-service attacks, failures by third-party service providers, labor disputes, acts of nature, civil disturbances, acts of war or terrorism, and governmental actions.

13.3. Severability and Waiver: If any term of these Terms is found invalid or unenforceable, the remaining provisions continue in full effect. The affected term shall be amended to achieve as closely as possible the effect of the original term and will be enforceable to the fullest extent permitted by law. The failure to enforce any rights under these Terms shall not be deemed a waiver of any rights.

13.4. No Third-Party Beneficiaries: These Terms are for the benefit of the parties and do not grant rights to any third-party beneficiaries.

13.5. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of Estonia, a member state of the European Union (EU). All disputes arising out of or related to these Terms will be subject to the exclusive jurisdiction of the courts located in Estonia, to which both parties irrevocably consent.

13.6. Entire Agreement: These Terms, along with any expressly referenced documents, represent the entire agreement between you and Conseno regarding the subject matter, superseding all prior agreements or discussions. Terms contained in any purchase order, registration form, or other document issued by you not expressly agreed to in writing by Conseno are not binding.

14. Modifications to Terms

Conseno may revise these Terms from time to time by posting a modified version of the Terms including their updated date. If we make material changes to the Terms, we will provide you with 60 days’ notice prior to the new Terms taking effect. By continuing to access or use the Service after the posting of any modified Terms, you agree to be bound by such modified Terms.

15. Contact details

If you have any questions or comments about these Terms, how we collect and use your information, your choices or rights regarding such use, or wish to exercise your rights, please do not hesitate to contact us at legal@conseno.com.

The entity responsible for data processing in compliance with the General Data Protection Regulation (GDPR), the data protection laws of EU member states, and other privacy regulations is:

Company: Conseno OÜ
Address: Pärnu maantee 148, 11317, Tallinn, Estonia
Email: legal@conseno.com
Registration number: 14946146