Last Updated: April 29, 2025
Welcome to Consently ("Company," "we," "us," or "our"), a service provided by Dorik, Inc. We provide a Software-as-a-Service (SaaS) cookie and consent management platform ("Services") through our website consently.net and related applications (collectively, the "Platform").
These Terms of Service ("Terms") govern your access to and use of our Platform and Services. By accessing or using our Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our Platform or Services.
You must be at least 18 years old and able to form legally binding contracts to use our Services. By using our Services, you represent and warrant that you meet all eligibility requirements.
To access certain features of our Platform, you may need to register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
We provide a Software-as-a-Service (SaaS) cookie and consent management platform that helps website operators and businesses manage user consent for cookies, tracking technologies, and personal data processing in compliance with applicable privacy laws, including but not limited to the General Data Protection Regulation (GDPR) and industry standards such as those established by the Interactive Advertising Bureau (IAB).
Our Platform offers different service tiers, which may include both free and paid plans with varying features and capabilities. The specific features included in each tier are detailed on our pricing page and are subject to change. We reserve the right to modify the features available in each plan with reasonable notice to users.
Our Platform enables you to implement consent mechanisms on your websites or applications, manage user preferences, generate compliance documentation, and maintain records of user consent.
We offer various subscription plans with different features and capabilities. Details of our current subscription plans and pricing are available on our Platform.
You agree to pay all fees associated with your selected subscription plan, if applicable. All payments are due in advance and non-refundable, except as otherwise stated in these Terms or required by applicable law.
Subscription fees are billed in advance on either a monthly or annual basis, depending on the subscription plan you select.
You are responsible for any taxes, duties, or similar governmental assessments applicable to your subscription.
You are solely responsible for ensuring that your use of our Services complies with all applicable laws, regulations, and industry standards related to data protection, privacy, and electronic communications.
You are solely responsible for all data, information, and content that you upload, post, or otherwise provide or store through the Services ("Content"). You represent and warrant that your Content does not violate any third-party rights, including intellectual property rights and privacy rights, and complies with all applicable laws.
You agree not to:
The Platform and Services, including all content, features, and functionality, are owned by us, our licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Services solely for your internal business purposes.
If you provide us with any feedback or suggestions regarding the Platform or Services, you hereby assign to us all rights in such feedback and agree that we shall have the right to use such feedback in any manner we deem appropriate.
Each party may disclose to the other certain Confidential Information. "Confidential Information" means information that is disclosed by one party to the other party and is marked as confidential or would reasonably be considered confidential under the circumstances.
Each party agrees to: (a) use the same degree of care to protect the confidentiality of the other party's Confidential Information that it uses to protect its own Confidential Information, but in no event less than reasonable care; and (b) not use or disclose the other party's Confidential Information except to perform its obligations or exercise its rights under these Terms.
Our collection and use of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.
If you are subject to the GDPR or similar data protection laws and you use our Services to process personal data on behalf of your users, our Data Processing Agreement will apply to such processing.
We process personal data as necessary to provide the Services and as further specified in our Privacy Policy and Data Processing Agreement. You are responsible for providing appropriate notice to and obtaining necessary consents from your users regarding such processing.
Each party represents and warrants that: (a) it has the full right, power, and authority to enter into and perform its obligations under these Terms; and (b) its performance of these Terms will not violate any agreement or obligation between it and any third party.
We warrant that the Services will perform materially in accordance with the applicable documentation. If we breach this warranty, your exclusive remedy is termination of these Terms and a refund of any prepaid, unused fees.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
EXCEPT FOR EACH PARTY'S INDEMNIFICATION OBLIGATIONS OR EITHER PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, IN NO EVENT WILL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
The limitations in this Section will not apply to damages arising from death or personal injury caused by negligence or to liability arising from a party's fraud, gross negligence, or willful misconduct.
You will indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your Content; (c) your use of the Services; or (d) your violation of applicable laws or regulations.
We will indemnify, defend, and hold harmless you and your affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any claim that the Services infringe a third party's intellectual property rights.
The indemnifying party's obligations under this Section are conditioned on the indemnified party: (a) promptly notifying the indemnifying party in writing of the claim; (b) giving the indemnifying party sole control of the defense and settlement of the claim; and (c) providing the indemnifying party, at the indemnifying party's expense, with all reasonable assistance in connection with the claim.
These Terms commence on the date you first accept them (typically during account registration) and continue until your account has been terminated, whether by you or by us.
Either party may terminate these Terms if the other party: (a) materially breaches these Terms and fails to cure such breach within thirty (30) days after receipt of written notice of such breach; or (b) becomes the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors, or similar proceeding.
We reserve the right to terminate accounts at our discretion if they remain inactive for more than twelve (12) consecutive months or if, in our reasonable judgment, you are using the service in a manner inconsistent with these Terms or our acceptable use policies.
Upon termination of these Terms: (a) all rights and licenses granted to you under these Terms will immediately terminate; (b) if applicable, you will promptly pay any unpaid fees covering the remainder of the term of all subscriptions; and (c) Sections 7, 8, 11, 12, 13.4, and 14 will survive.
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether electronic, oral, or written, between you and us regarding the Services.
We provide various levels of customer support as detailed on our website. Support response times and channels may vary based on your service tier. Any Service Level Agreements (SLAs) will be specified in separate documentation available to eligible customers.
These Terms shall be governed by and construed in accordance with the laws of Delaware, United States, without giving effect to any principles of conflicts of law.
Any dispute arising from or relating to these Terms shall be resolved through binding arbitration conducted in Delaware, United States in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English by a single arbitrator.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
Neither party shall be liable for any failure or delay in performance under these Terms where such failure or delay is due to causes beyond the party's reasonable control, including but not limited to acts of God, natural disasters, terrorism, riots, or wars.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
All notices under these Terms shall be in writing and shall be deemed to have been given upon: (a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) the second business day after sending by email.
No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right.
The Services may be subject to export laws and regulations. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated as a "terrorist supporting" country and you are not listed on any U.S. Government list of prohibited or restricted parties.
The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
We reserve the right to modify these Terms at any time. We will provide notice of any material changes through the Platform or by sending a notice to the primary email address associated with your account. Changes will become effective upon such notice. Your continued use of the Platform following such notice constitutes your acceptance of the modified Terms.
If you have any questions about these Terms, please contact us at:
Dorik, Inc.
600 North Broad Street Ste 5 PMB 2145
Middletown, DE 19709
United States
Email: support@consently.ne
