Terms and Conditions

1. Introduction

These Terms and Conditions, the “Terms”, govern your access to and use of the Trustwards website and SaaS platform, collectively the “Service”, provided by:

Trustwards
CIF/NIF: B23862303 (VAT: ESB23862303)
Address: Calle Río Guadarrama, 45, Arroyomolinos, Madrid, España
Email: team@trustwards.io

By creating an account, using the Service or paying for a subscription, you agree to be bound by these Terms. If you are using the Service on behalf of a company or organisation, you represent and warrant that you have authority to bind that entity to these Terms.

2. Service description

Trustwards is a consent management platform, CMP, delivered as a Software as a Service, SaaS. It enables customers to configure cookie and iframe banners and modals, collect, store and manage user consent preferences, block or allow certain cookies, iframes and scripts based on consent and maintain a proof of consent for compliance purposes.

Trustwards acts as a processor with respect to consent data collected on our customers’ websites, in accordance with applicable data protection laws and a separate Data Processing Agreement, DPA, where required.

3. Eligibility and account registration

The Service is intended for use by adults only. By registering, you confirm that you are at least eighteen years old.

You may use the Service as a business customer or as an individual professional, for example as a freelancer. To create an account, you must provide at least a valid email address and your name.

You are responsible for ensuring that the information you provide is accurate and up to date, and for all activities that occur under your account. Please keep your authentication methods secure, including access to your email and to any Google or GitHub accounts used for login.

We reserve the right to refuse service, suspend or close accounts at our reasonable discretion and in accordance with applicable law.

4. Access and use of the Service

Subject to these Terms and to the timely payment of any applicable fees, we grant you a non exclusive, non transferable, limited licence to access and use the Service for your internal business or professional purposes.

You agree not to reverse engineer, decompile or attempt to extract the source code of the Service except where permitted by law, not to circumvent or attempt to circumvent any security or access controls, not to use the Service for any unlawful purpose or in violation of applicable law and not to interfere with or disrupt the integrity or performance of the Service.

You remain solely responsible for the websites and content where you implement Trustwards scripts, the accuracy, completeness and legality of your cookie and privacy information and ensuring that your use of Trustwards complies with all applicable laws and regulations, including GDPR, ePrivacy and local laws.

Trustwards does not monitor or control the content or legality of customer websites.

5. Plans, subscriptions and billing

Trustwards offers paid subscription plans with different features and limits. We do not currently offer a free tier or free trial by default, unless explicitly stated on our website.

Details of the available plans and prices are provided on trustwards.io or within the app. We may update plans and pricing from time to time. Changes will not affect the current billing period already paid.

Subscriptions may be monthly or annual and they auto renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorise us, via our payment providers, to charge your selected payment method for each renewal.

Payments are processed through SureCart for checkout and billing, and Stripe and PayPal for payment processing. We currently charge in euros. Taxes such as VAT may apply depending on your location and will be added where required.

By providing payment information, you authorise the use of these providers and agree to their respective terms and privacy policies.

We issue invoices based on the billing details you provide, such as company name, address and VAT number. You are responsible for ensuring these details are correct and for complying with your own tax obligations.

6. Cancellation and refunds

You may cancel your subscription at any time via the app or by contacting us. If you cancel, your subscription will not renew at the end of the current billing period.

We may provide a pro rated adjustment for any unused portion of the billing period, for example through prorated refunds or account credits, according to our then current policy and except where plan descriptions specify otherwise.

As a general rule, fees already paid are non refundable. If you cannot reasonably use Trustwards due to a technical problem attributable to us, our team is unable to provide a solution and you notify us within 30 days from the initial purchase or renewal, you may be entitled to a refund, full or partial depending on the circumstances. We will assess refund requests in good faith and in line with this principle.

7. Data protection and processing of personal data

Your use of the Service is also governed by our Privacy Policy and Cookies Policy, which form part of these Terms by reference.

When you implement the Trustwards CMP on your website, you act as data controller in respect of the personal data of your visitors, and Trustwards acts as data processor, processing consent related data on your behalf and according to your instructions.

A separate Data Processing Agreement, DPA, may apply to regulate this relationship in more detail, in compliance with Article 28 GDPR.

You are responsible for providing your visitors with clear and accurate information about cookies, tracking technologies and consent in your own privacy and cookie policies, configuring the Service correctly for your legal requirements and ensuring that your implementation of Trustwards is compliant with applicable law.

Trustwards provides technical tools to support compliance but does not provide legal advice and does not guarantee automatic compliance in all jurisdictions.

8. Intellectual property

The Service, including all software, code, designs, logos, trademarks, text, graphics, interfaces and documentation, is owned by or licensed to Trustwards and is protected by intellectual property laws.

You retain ownership of your own content, website or websites and materials, and of your configurations and texts you create in the Trustwards dashboard, such as banners and modals.

By using the Service, you grant Trustwards a non exclusive, worldwide, royalty free licence to use, host, store, reproduce and display such content solely for the purpose of providing and improving the Service.

You may not use our name, logo or trademarks without our prior written consent, except as reasonably necessary to indicate that you use Trustwards on your site.

9. Availability and support

We will use reasonable efforts to keep the Service available and to maintain a good level of performance. However, we do not guarantee a specific uptime or formal Service Level Agreement.

The Service may be temporarily unavailable for maintenance, updates or for reasons beyond our control, such as network failures or hosting incidents.

We provide support primarily via email and contact forms and via support forms in the app or on the website. Response times may vary depending on workload and on the nature of your request.

10. Disclaimer

The Service is provided “as is” and “as available”, without warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non infringement.

In particular, Trustwards is a technical tool for managing consent. We do not provide legal advice and we do not guarantee that your website will automatically comply with all applicable laws simply by using Trustwards. You are solely responsible for seeking legal advice where necessary and for configuring and using the Service in a compliant manner.

11. Limitation of liability

To the maximum extent permitted by law, Trustwards shall not be liable for indirect, incidental, consequential or punitive damages of any kind, including loss of profits, revenue, data, business opportunities or goodwill.

Trustwards’ total aggregate liability arising out of or in connection with the Service or these Terms, whether in contract, tort or otherwise, shall be limited to the amount you have paid to Trustwards in the twelve months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful, for example in cases of fraud or wilful misconduct.

12. Third party services

The Service may integrate or interact with third party services such as Stripe, PayPal, SureCart, Google Analytics and MailerLite. Your use of these services is subject to their own terms and privacy policies.

Trustwards is not responsible for third party services and makes no representations or warranties about them.

13. Termination

We may suspend or terminate your access to the Service, in whole or in part, if you materially breach these Terms and do not remedy the breach within a reasonable period after we notify you, if we are required to do so by law or by a competent authority or if we decide, in our reasonable discretion, to discontinue the Service.

Upon termination, your right to access and use the Service will end. We may retain certain data as required by law or for our legitimate business interests, in accordance with our Privacy Policy. Consent logs and related data will be deleted after twelve months, as described in our Privacy Policy. Termination does not relieve you of the obligation to pay any outstanding fees.

14. Changes to these Terms

We may update these Terms from time to time, for example to reflect changes in our Service, business or legal requirements. If we make material changes, we will notify you, for example by email or in app notice. Your continued use of the Service after the changes become effective will constitute your acceptance of the updated Terms.

If you do not agree with the changes, you should stop using the Service and cancel your subscription.

15. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, including non contractual disputes or claims, shall be governed by and construed in accordance with the laws of Spain.

The parties submit to the exclusive jurisdiction of the courts of Navalcarnero, Spain, without prejudice to any mandatory rights you may have under applicable law.

16. Contact

If you have any questions about these Terms, you can contact us at team@trustwards.io.