Terms of service

1. Who we are

Cookiemark is a service of Brandforward, based in Houten, the Netherlands. In these terms "we" and "us" mean Brandforward, and "you" means the person or organisation that creates a Cookiemark account. You can reach us at hello@cookiemark.com.

Our Chamber of Commerce number and VAT number will be added here before the first paid plan starts.

2. What Cookiemark does

Cookiemark gives you a cookie banner for your websites and a script that holds back trackers until a visitor agrees. It also gives you a consent log and a scanner that checks your sites. You set it up in our dashboard and add one script tag to your site. The documentation describes how each part works.

Cookiemark is a tool. It helps you ask for consent and keep proof of it, but it does not make your website lawful by itself. You decide which cookies your site sets, what your texts say and which settings you choose.

3. Your account

You sign in with a link we send to your email address. Keep access to that mailbox safe, because anyone who can read it can sign in as you. You may invite colleagues and people at your clients, and you are responsible for what they do in your organisation.

You must be at least 18 and use Cookiemark for a business or organisation. The details you give us must be correct.

4. Plans, prices and payment

Our plans and prices are on the pricing page. Prices are in euros and exclude VAT. Paid plans run for a month or a year and renew automatically, until you cancel.

• We take payment through Stripe at the start of each period. Your invoice follows by email.
• When you move up a plan, the change applies straight away and you pay the difference for the rest of the period.
• When you move down or cancel, the change applies at the end of the period you paid for. We do not refund part of a period.
• If a payment fails, we let you know and try again. If it keeps failing, we may move your organisation to the Free plan.

We may change our prices. We tell you at least 30 days before a new price applies to you, and you may cancel before then.

5. Limits and fair use

Each plan includes a number of sites. When your plan is full, you cannot add another site until you move up or archive one. The banner never stops because of a limit: banners that are live keep working.

The consent log of a site grows with its visitors. If one site sends us far more choices than its plan was meant for, we contact you to find a solution together. We will not switch off a banner for that reason.

6. What you may not do

• Use Cookiemark for a website you have no right to manage.
• Scan websites to harm them, or in a way that puts load on them that their owner would not accept.
• Try to get into other customers' data, or test the security of Cookiemark without our written permission.
• Use the banner to mislead visitors about what your site does with their data.

If you break these rules, we may suspend your account after we have told you why. We act without warning only when that is needed to protect other customers or visitors.

7. Your data and your visitors' data

Your sites, settings, texts and cookie lists remain yours. The consent records of your visitors are personal data that we process on your behalf. Our data processing agreement applies to them and forms part of these terms. Our privacy policy explains what we do with the personal data of you and your team.

You can export your consent log as a CSV file at any time. When you delete your organisation, we delete its sites, settings and consent log. Export what you need first.

8. Availability and changes

We work to keep Cookiemark available at all times, but we cannot promise that it never fails. We announce planned maintenance that affects your banners in advance. We may improve and change Cookiemark. When we remove a feature you use, we tell you at least 30 days in advance.

9. Liability

Our liability for damage caused by Cookiemark is limited to the amount you paid us in the 12 months before the damage occurred. We are not liable for indirect damage, such as lost profit, or for fines imposed on you. This limit does not apply to damage caused by our intent or gross negligence.

You remain responsible for the lawfulness of your own website, including your cookie list, your texts and your settings.

10. Ending the agreement

You may stop at any time by cancelling your plan or deleting your organisation. We may end the agreement with 60 days' notice, or straight away if you seriously break these terms. After the end, we delete your data as described in the data processing agreement.

11. Changes to these terms

We may change these terms. We tell you by email at least 30 days before an important change applies. If you do not agree, you may cancel before the change applies.

12. Law and disputes

Dutch law applies to these terms. If we cannot solve a dispute together, the competent court in the district of Midden-Nederland decides.