Terms of Service

 

Please review the following revised Terms of Service carefully. This document ("Agreement") serves as a legally binding contract between you, whether an individual or a legal entity specified in the Order Form or online registration process ("You"), and Cyber Technology II, LLC., an Ohio Limited Liability Company ("ConsentConfirmation" or "We"). The Agreement governs your access to and use of ConsentConfirmation’s services, available at http://consentconfirmation.com, referred to as the "Services").

By selecting “I Agree” or a similarly labeled button, or by accessing or utilizing the Services, You acknowledge and consent to the terms outlined in this Agreement. If You do not accept these terms, do not indicate your acceptance and refrain from using the Services. Individuals must confirm they are at least 18 years old to accept this Agreement. If You are accepting on behalf of a legal entity, You affirm that You are authorized to bind that entity to this Agreement. Accounts created by automated systems or "bots" are prohibited and will be terminated immediately without prior notice.

DEFINITIONS

Account: Refers to Your password-protected ConsentConfirmation account, which facilitates Your use of the Services. It represents the legal entity utilizing the Services.

ConsentConfirmation Technology: Includes the proprietary technology, software, hardware, processes, algorithms, user interfaces, trade secrets, and other intellectual property owned or licensed by ConsentConfirmation. This encompasses the Services.

Affiliate: Any entity that directly or indirectly controls, is controlled by, or is under common control with You. "Control" entails owning more than 50% of the voting securities or possessing the right to direct the entity's affairs.

CCPA: The California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 to 1798.199), along with its amendments and related regulations. Terms such as “personal information” and “business purposes” retain their definitions as per the CCPA.

Contracted Business Purposes: The services outlined and agreed upon in this Agreement.

Your Content and Data: Electronic data or material generated and stored via the Services as a result of Your usage, including Lead information, which may contain personally identifiable information (PII).

Intellectual Property Rights: All current and future rights under patent, copyright, trademark, trade secret, database protection, and similar laws worldwide, whether registered or unregistered.

Lead: A data record containing contact information related to an individual or entity.

Order Form: A document, whether signed or electronically submitted, that identifies the Services purchased and associated fees, as agreed upon between You and ConsentConfirmation.

Sensitive Data: Data classified as highly confidential and capable of causing harm if disclosed without authorization. Examples include credit card details, social security numbers, health information under HIPAA, and driver’s license numbers.

Third-Party Services: Non-proprietary services, content, software, or hardware not owned by ConsentConfirmation, including their components, accessories, or specifications.

User: An individual associated with an Account who has a user login. Accounts may include multiple Users, provided all Users comply with the Agreement. Users may also belong to more than one Account, adhering to the terms of each respective Agreement.

LIMITED LICENSE; USER ACKNOWLEDGMENTS AND RESPONSIBILITIES

License Grant

Upon your acceptance of this Agreement and payment of applicable fees as specified in the Order Form, ConsentConfirmation, Inc. (“ConsentConfirmation”) grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services identified in the Order Form during the Term (as defined below). This license allows usage solely as intended under this Agreement. All rights not expressly granted remain the sole property of ConsentConfirmation.

You may access and use the Services, including integration with software, hardware, systems, networks, or services, provided such use is consistent with the intended purposes outlined in this Agreement.

Restrictions on Use

You acknowledge that the Services incorporate proprietary ConsentConfirmation technology. Except as expressly permitted, you are prohibited from:

  1. Modifying, copying, or creating derivative works of any ConsentConfirmation Technology.
  2. Reverse engineering, disassembling, or decompiling any ConsentConfirmation Technology.
  3. Disclosing benchmarking results without prior written consent from ConsentConfirmation.
  4. Circumventing usage tracking, limits, or restrictions built into the Services.

Use of Services

The Services are for your exclusive benefit and may not be sublicensed, resold, re-provisioned, or rented to third parties without express written consent from ConsentConfirmation. Unauthorized use may result in account suspension, termination, or other actions as determined appropriate by ConsentConfirmation.

Account Responsibilities

To use the Services, you must provide accurate and complete information, including your legal name, valid email address, and other details required during registration. You are responsible for maintaining the security of your account, including your username, password, and API key. Notify ConsentConfirmation immediately of any unauthorized access, suspected breaches, or misuse of your credentials.

Compliance with Laws

You agree to use the Services in compliance with all applicable laws and regulations, including but not limited to:

You will not use the Services to violate the intellectual property or privacy rights of others, transmit harmful code, or engage in any illegal, defamatory, fraudulent, or offensive activities.

ConsentConfirmation Certificate Obligations

You agree not to fabricate, forge, copy, or modify any ConsentConfirmation Certificate. Notify ConsentConfirmation immediately if you become aware of any fraudulent or invalid certificates. Certificates not retained within the prescribed timeframe will no longer be valid, and ConsentConfirmation disclaims liability for unretained certificates.

Third-Party Services and Compatibility

You acknowledge that the Services rely on third-party vendors and hosting partners for infrastructure and are optimized for current versions of major web browsers. Some browser versions may not be fully compatible.

Indemnity and Monitoring

You assume responsibility for all activities under your account, the accuracy and legality of your content, and preventing unauthorized access to the Services. While ConsentConfirmation is not obligated to monitor your activity, it reserves the right to remove any content or limit access that violates this Agreement.

TECHNICAL UPDATES

ConsentConfirmation may periodically implement updates or modifications to the Services ("Technical Updates"). 

ConsentConfirmation will make reasonable efforts to provide advance notice of Technical Updates through the status page, allowing you the opportunity to test changes before they are deployed into production. If a Technical Update materially impacts your ability to use the Services, ConsentConfirmation will endeavor to provide sufficient advance notice to mitigate potential disruptions.

DATA STORAGE, RETENTION & DESTRUCTION

Deletion Requests

To delete an individual consumer's record from CyberTechnology II’s systems, submit a Data Subject Request (DSR) by contacting support@consentconfirmation.com and providing the certificate URL. 

YOUR CONTENT AND DATA; PRIVACY

All Content and Data entered by you into ConsentConfirmation’s platform, prior to any modifications made by ConsentConfirmation's Services, remain your property. You represent and warrant that you have the authority to collect, use, and distribute such Content and Data in compliance with applicable laws. ConsentConfirmation’s access to your Content and Data is limited to fulfilling its obligations and rights under this Agreement, with a nonexclusive, royalty-free, limited license to do so.

ConsentConfirmation may use aggregate, de-identified data for legitimate purposes such as analyzing industry trends. Additionally, ConsentConfirmation Certificate data may be provided to the certificate holder when its URL is shared with third parties.

You are responsible for complying with all applicable laws and ensuring your privacy policy is legally sufficient and discloses data collection, usage, sharing practices, and any third-party tracking technologies used. You may not use ConsentConfirmation’s Services to:

  1. Collect personal information without proper consent.
  2. Store credit card, debit card, or other financial account numbers.
  3. Collect or store U.S. Social Security Numbers or similar identifiers, except as expressly permitted.
  4. Handle personal information in violation of laws such as HIPAA, COPPA, or your privacy policy.

CCPA COMPLIANCE

ConsentConfirmation adheres to the California Consumer Privacy Act (CCPA) by:

  1. Using personal information only for contracted purposes.
  2. Prohibiting the sale or misuse of personal information for unrelated purposes.
  3. Limiting collection, use, and retention of personal information to what is necessary and proportionate.
  4. Facilitating consumer requests, such as data access or deletion.
  5. Notifying you of legal obligations requiring disclosure of personal information unless prohibited by law.

Both parties agree to comply with the CCPA, including its restrictions on the sale or misuse of personal information. ConsentConfirmation certifies understanding of the CCPA and warrants its ability to meet all obligations under the Agreement.

INTELLECTUAL PROPERTY OWNERSHIP

You acknowledge and agree that:

  1. The Services and ConsentConfirmation Technology are licensed to you, not sold, and you acquire no ownership interest in the Services, ConsentConfirmation Technology, or related Intellectual Property Rights under this Agreement.
  2. ConsentConfirmation and its licensors retain exclusive ownership of all rights, title, and interest in and to the Services and ConsentConfirmation Technology, including all associated Intellectual Property Rights, subject only to third-party rights in open-source components and the limited license granted to you under this Agreement.
  3. You unconditionally and irrevocably assign to ConsentConfirmation any Intellectual Property Rights you may hold or acquire in relation to the Services or ConsentConfirmation Technology, including rights in derivative works or patent improvements, whether obtained by law, contract, or otherwise.

Except for the limited rights expressly granted in this Agreement, no rights, titles, or interests in the Services or ConsentConfirmation Technology are granted to you or any third party by implication, waiver, estoppel, or otherwise.

DUTY TO MAINTAIN CONFIDENTIAL INFORMATION AND TRADE SECRETS

During the term of this Agreement, either party (the “Disclosing Party”) may share proprietary or confidential information with the other party (the “Receiving Party”). This information may include, but is not limited to, business processes, pricing, customer profiles, methods of operation, and other materials reasonably understood to be confidential (“Confidential Information”). The Receiving Party agrees not to use, disclose, or permit disclosure of the Disclosing Party’s Confidential Information without prior written consent, except in the following circumstances:

  1. The information becomes publicly available without breach of confidentiality.
  2. The information was already in the Receiving Party’s possession before disclosure by the Disclosing Party.
  3. The information was disclosed to the Receiving Party without restriction by a third party.
  4. The information was independently developed by the Receiving Party without reliance on the Disclosing Party’s Confidential Information.
  5. Disclosure is required by law or government regulation.

Additionally, any information qualifying as a trade secret under the Defend Trade Secrets Act of 2016 (18 U.S.C. § 1836 et seq.) is deemed proprietary and subject to the same confidentiality obligations outlined above.

PAYMENT TERMS AND TAXES

You agree to pay all fees outlined in your Order Form or self-service account. Unless otherwise agreed in the Order Form, payments must be made through AutoPay via ACH or credit card using Solupay or another ConsentConfirmation-authorized payment platform. Access to the Services will not be granted until your Solupay account is set up and automatic payments are confirmed as non-negotiable (“AutoPay Confirmation”). You remain responsible for all payments starting from the Billing Start Date specified in the Order Form, even if AutoPay Confirmation is not provided. Failure to pay as agreed may result in service suspension.

By providing credit card or ACH information, you authorize ConsentConfirmation to charge your account for fees associated with the initial term and any renewal terms. Fees will be charged in advance on a monthly basis or according to the billing frequency stated in your Order Form. Regularly recurring fees will be invoiced in advance, while usage-based fees will be invoiced in arrears. Upon renewal, subscription and usage fees may be adjusted to the then-current published rates. You must provide information reasonably necessary for ConsentConfirmation to determine tax obligations. Fees exclude applicable taxes, which you agree to pay or reimburse to ConsentConfirmation.

Unpaid amounts will accrue interest at 1% per month or the maximum rate allowed by law, whichever is lower. You are also responsible for reasonable costs and attorneys’ fees incurred by ConsentConfirmation in enforcing payment obligations. Fee disputes must be submitted in writing, with supporting documentation, within 10 business days of the invoice date; otherwise, disputes are waived. Payments must be made in full, without deductions or offsets, except as required by law. Both parties will work in good faith to resolve disputes promptly.

For self-service accounts, no refunds are provided for monthly minimum payments upon cancellation. However, account wallet balances will be refunded upon termination. Additional services accessed outside the Order Form will be charged at published rates.

TERM AND TERMINATION

This Agreement begins on the Contract Start Date stated in the Order Form or the earlier of:
(i) the date you click "I AGREE" during online sign-up,
(ii) the date you begin using the Services, or
(iii) the date you sign the Order Form and services become available.

The Agreement remains effective until terminated by either party. ConsentConfirmation may modify or discontinue Services with or without notice, providing at least 30 days' notice for termination. However, accounts suspected of fraudulent or unlawful activity, or violations of this Agreement, may be terminated immediately without notice. Upon termination, all your data and content may be deleted from ConsentConfirmation’s systems.

SECURITY MEASURES

ConsentConfirmation maintains SOC 2 Type 2 compliance for its ConsentConfirmation products. Data is hosted in facilities adhering to industry-standard security practices. However, you acknowledge that no security system is infallible, and ConsentConfirmation is not liable for unauthorized access to its systems. Two-factor authentication (2FA) is required.

PUBLICITY

ConsentConfirmation may reference you as a customer in promotional materials using your name and logo. You may request removal from promotional use by emailing support@ConsentConfirmation.com, allowing up to 30 days for processing.

PERIODIC REVISIONS

ConsentConfirmation reserves the right to update this Agreement. Continued use of the Services signifies acceptance of changes. 

NOTICES

You must send notices to ConsentConfirmation in writing to 4041 MacArthur Blvd. Ste 210, Newport Beach CA, 92660 (Attention: CEO, with a copy to General Counsel) or via email to support@consentconfirmation.com. Notices from ConsentConfirmation will be delivered via the status page or email address associated with your account.

GOVERNING LAW AND VENUE

This Agreement is governed by Ohio law, excluding its conflict of laws rules. The parties consent to the exclusive jurisdiction and venue of state and federal courts in Franklin County, Ohio, and waive objections to jurisdiction or venue.

MUTUAL INDEMNIFICATION

Indemnification by Us: We will defend you against any third-party claims alleging that your use of our Services, in compliance with this Agreement, infringes or misappropriates the third party’s intellectual property rights (“Claim Against You”). We will indemnify you for any damages, legal fees, or costs awarded against you or agreed upon in a court-approved settlement, provided that you: (a) promptly (within 10 calendar days of receipt of a claim) notify us in writing of the Claim Against You, (b) grant us sole control over the defense and settlement (we will not settle without your full release of liability), and
(c) provide reasonable assistance at our expense.  If we receive notice of an infringement claim regarding the Services, we may, at our discretion and at no cost to you:  (i) modify the Services to avoid infringement, (ii) secure a license for your continued use, or (iii) terminate the applicable Services with 30 days' notice and refund any unused prepaid fees. These obligations do not apply if the claim arises from your data, third-party services, or breach of this Agreement.

Indemnification by You: You will defend us against any third-party claims alleging that your data, or your use of the Services in violation of this Agreement, infringes intellectual property rights or violates applicable law (“Claim Against Us”), and for any costs or fees that occur as the result of your breach of this Agreement. You will indemnify us for damages, legal fees, or costs awarded or agreed upon in a court-approved settlement, provided that we: (a) notify you in writing of the Claim Against Us, (b) grant you sole control over the defense and settlement (you will not settle without our full release of liability), and (c) provide reasonable assistance at your expense.

Exclusive Remedy: This section represents the sole obligation of the indemnifying party and the exclusive remedy of the indemnified party for claims covered under this provision.

DISCLAIMERS; LIMITATION OF LIABILITY

The Services are provided "as is" and "as available." ConsentConfirmation, its affiliates, licensors, and suppliers disclaim all express or implied warranties, including, but not limited to, merchantability, fitness for a particular purpose, non-infringement, and uninterrupted or error-free operation. We do not guarantee the availability of the Services in your location or compatibility with your equipment.

ConsentConfirmation is not liable for indirect, special, incidental, or consequential damages, including loss of data, profits, or revenue, regardless of the cause of action, even if advised of the possibility of such damages. In no event will our total liability exceed the fees paid by you under the relevant Order Form.

 


 

GENERAL PROVISIONS

  1. Obligations related to representations, indemnification, and liability survive termination.
  2. Neither party is liable for delays or failures caused by circumstances beyond reasonable control (e.g., natural disasters, governmental actions).
  3. You may not transfer this Agreement without our consent; we may assign it freely.
  4. Waivers of terms are not enforceable unless in writing.
  5. If any provision is deemed invalid, remaining terms remain in effect.
  6. The parties are independent contractors with no authority to bind one another.
  7. This Agreement benefits only the parties and their successors; third-party rights are excluded.