Law & Innovation Technology GmbH, offers a trust platform enabling various stakeholders to exchange consent and/or enable other data protection relevant decisions (hereafter named „Consenter"). This trust platform includes, in particular, the Consenter banner, which customers can configure via the Consenter Manager and which can communicate with the Consenter Agent via a technical API and the so-called handover notice, as well as the Risk Assessment Centre (see the components of the service in detail on the website www.consenter.eu). These general terms and conditions regulate the collaboration between Consenter and the customer (hereinafter also “agreement”).
Effective: December 2025
1. Scope and definitions
1.1. Consenter provides all services to its customers on the basis of these general terms and conditions. Consenter services within the meaning of these terms and conditions include the provided software and code (snippets) provided by Consenter for integration into the customer domains.
1.2. The customer uses this service as an operator of a website. The customer has full legal competence. All Consenter services are directed exclusively at Business to Business customers.
1.3. To use Consenter, the customer applies for an account on the Consenter Manager website. Applying for an account constitutes a contractual relationship between Consenter and the customer. Consenter is free to reject any account without giving reasons.
1.4. These general terms and conditions apply exclusively; conflicting or differing general terms and conditions of the Customer do not apply, unless Consenter has expressly agreed to their application in writing. Differing general terms and conditions of the customer shall not become part of the contract.
1.5. In addition to this contract, the data processing agreement also applies.
2. Conclusion, duration and termination
2.1. These general terms and conditions are concluded upon online registration or signature by both parties on a contract.
2.2. The billing shall begin upon the date of the online registration or the date defined in the contract offer.
2.3. In case of a monthly subscription, the term shall commence on the effective date and shall be renewed on a monthly basis (“Regular Contract Term”), unless a longer term has been contractually agreed on; thereafter, this agreement shall be extended on a monthly basis (a “Monthly Renewal Term”), unless either party notifies the other party prior to the expiration of the then-current term that it does not wish to renew this agreement. The termination of a monthly subscription does not require any justification and must be declared in writing (by email) to the other party.
2.4 In case of an annual subscription, this agreement shall commence on the effective date and shall remain in effect for an initial period of twelve (12) months, unless a longer term has been contractually agreed on (“Regular Contract Term”); thereafter, this agreement shall be extended for one or more additional periods of 12 months each (a “Renewal Term”), unless either party notifies the other party thirty (30) days prior to the expiration of the then-current term that it does not wish to renew this agreement. The termination does not require any justification and must be declared in writing (by email) to the other party.
2.5. Either party may terminate this agreement at any time by giving written notice to the other party if:
the other party breaches a material provision of this agreement and fails to cure the breach within thirty (30) days after being given written notice thereof;
the other party is judged bankrupt or insolvent, makes a general assignment for the benefit of its creditors, a trustee or receiver is appointed for such party; or any petition by or on behalf of such party is filed under any bankruptcy or similar laws.
2.6. Consenter is entitled to irrevocably delete all data stored during the term of the contract after termination of the contract. At the request of the customer, a data export can be made according to the specifications of Consenter. In this case, the customer is responsible for storing their data on their local system in good time. In so far, as this concerns personal data, the provisions of the Data Processing Agreement (DPA) take precedence.
2.7. Upon termination of the agreement, the customer is obligated to delete without request all reproductions of the provided software and the code (snippets) from Consenter. If the code is not or not completely removed from the customer’s domains immediately after the end of the agreement, Consenter is entitled to demand the fee agreed with the customer for the duration and until the code is completely removed from the customer’s domains. The removal of the code is to be regarded as incomplete, among other things, if data is still transmitted from the customer’s domains to the Consenter servers.
2.8. In case Consenter offers a free trial, the customer can use it in full scope and free of charge during the free trial period. In case a free trial is offered, it is granted only once per customer. In case the Customer converts to a fully paid plan, the provisions set out above apply.
a) In case a trial without automatic renewal is offered, the customer will have the option to buy a full version of the service during this time. After the end of the trial the access to the functions of the Consenter services are blocked. The customer has the option, within another 30 days, to buy a full version of the service to the currently applicable conditions. Otherwise the access and configurations will be deleted.
b) In case a trial with automatic renewal is offered and if the customer decides against the further use of the services provided by Consenter, the customer has the right to cancel the free-trial by contacting Consenter. The cancellation needs to occur on or before the trial ends. If the free trial is not canceled on time or the customer wishes to continue using the service, the free trial will automatically convert to a fully paid plan.
2.9. Any payment made in advance will not be refunded if the agreement is terminated by one of the contracting parties.
3. Prices and payment
3.1. The prices for the services used by the customer are determined by completed online registration or the signed contract offer. Unless stated otherwise, the prices are annual/monthly net prices in Euro and are additional to any applicable statutory sales tax.
3.2. The calculation of the base fee to be paid by the customer results from the completed online registration or contract offer. The basis for the calculation of the base fee is:
a) the number and type of data processing purposes chosen by the customer in the Consenter Manager for which she / he seeks consent from their website visitors;
b) the number of consent records per month (including human and non-human (BOT) induced consent records) for customer domains, as described in the pricing list of the Consenter platform;
c) the number of domains and the features included in the selected subscription plan.
3.3. Consenter reserves the right to move the customer to the corresponding larger pricing package if the data processing purposes chosen by the customer / consent records / domains specified at the beginning of the agreement are changed or exceeded. The price difference resulting in comparison to the original contract offer may be invoiced by Consenter for the remaining contract term.
3.4. In the case of subscriptions according to 2.3. and 2.4. Consenter reserves the right to increase the Base Fee at any time, subject to 30 days’ notice, which will be sent to the customer by email or any other established contact form or channel.
3.5. A change within the packages offered by Consenter with a higher monthly/annual fee is possible at any time. The desired change must be indicated informally and requires confirmation by Consenter to be effective. The change of the package is binding. A new Regular Contract Term does not begin with the change of the package. The price difference resulting in comparison to the original package may be invoiced by Consenter for the remaining contract term.
3.6. Unless otherwise agreed, invoicing shall be done for the entire agreement term in advance. Invoices for managed services are sent after service has been provided. Consenter is entitled to send the invoice in the form of an email.
3.7. Payment is due 30 days after the invoice date. The invoice amount must therefore be credited to the Consenter account within 30 days of the invoice date. Late payment fees shall be charged at a rate of 3%. The right to claim higher damages for late payment remains reserved.
3.8. Customers may only offset with counterclaims that have not been contradicted or that have been recognized by a court.
4. Guarantees and obligations
4.1. Consenter guarantees certain legal characteristics, in particular, with respect to the communication between the Consenter Banner and the Consenter Agent, that
a) the purpose specifications and other information, which are provided on a general basis, comply with the requirements of the GDPR and the ePrivacy Directive;
b) that the customer can generally obtain legally compliant consent on this basis; and
c) that the methodology used within the Risk Assessment Centre to determine the data protection risks of the respective third-party services complies with the recognised methodological principles of Articles 25, 32 and 35 GDPR.
However, compliance with the GDPR and the ePrivacy Directive also depends on further aspects for which Consenter is not responsible. These aspects include:
a) the specific information that the customer enters into Consenter Manager and thus displays via the consent banner and the handover notice to its website users;
b) the accuracy of this information, in particular with regard to the actual configurations of the third-party technologies by the customer;
c) that the customer is not misusing the options offered by Consenter to the detriment of their website visitors (see the fairness-principle in Art. 5 sect. 1 sent. 1 GDPR);
d) GDPR infringements of the customer and its business partners which do not result from the contractual obligation of providing a system for obtaining and managing user consent;
e) legal duties resulting from contracts issued between the customer and other business partners, such as processing agreements and joint controller agreements.
4.2. For this reason, the customer undertakes in particular to comply with the following legal and technical requirements:
a) The customer is solely responsible for the accuracy of all customer information. Customer information means any information, data, and other content, in any form or medium, that is put into the Consenter services by the customer itself or any other party on the customer’s behalf.
b) The customer remains responsible for checking whether the third party services, which the customer uses to process the personal data by its website visitors, meet the legal requirements that apply to the customer. In particular, the customer remains responsible to choose a configuration of these third party services which complies with applicable data protection regulations. Consenter does not offer legal advice, in particular regarding how the customer must configure third-party tools, but does provide important general guidance in this regard in its documentation.
c) In particular, the customer or a third-party provider integrated into its service may not generate false consent and send it to the backend of the L&I system for signing. The customer shall tolerate technical testing by Consenter and third parties for this purpose. In particular, Consenter and third parties are permitted to use an ‘auditing front-end agent’ to check whether the settings stored in an end user's cookie for consent match Consenter's own reference settings. This includes monitoring and checking the network, which the customer (or an integrated third-party provider) sends to whom in the L&I system.
d) The customer must inform themselves about the essential features of the Consenter services and their technical requirements (e.g. with regard to hardware requirements, the operating system, databases, interfaces). It is the customer’s responsibility to seek advice in case of doubts from Consenter or expert third parties before the conclusion of the agreement. The Customer must ensure the technical requirements necessary for the error-free integration of the Consenterservices in their domains.
e) The customer might receive authentication tokens that identify and authorize them to access the APIs and other relevant components of the Consenter services. It is the customer’s responsibility to ensure the secure retention of such authentication information and to prevent access of unauthorized third parties. Consenter might request a list of IP addresses authorized to access the APIs from the customer and the customer keeps Consenter informed of any changes relevant to the authorized IP addresses. Consenter has the right to block certain IP-addresses of clients in case of misuse. The customer will have access to the latest documentation for the API endpoints that are made available to the customer for interaction with the service. The documentation may be provided in various formats, in particular via an online website with authentication mechanisms of Consenter and/or third parties.
f) The customer grants Consenter the right, which may be revoked at any time, to use the customer’s name and logo as a reference for its own advertising purposes for the duration of the contract.
4.3. Consenter does not provide any technical guarantee that
a) the use of Consenter’ services will meet the customer’s needs or requirements (all Consenter services provided are “as is” and “as available”);
b) the use of Consenter’ services will be uninterrupted, timely, secure or free from errors;
c) the information obtained by using Consenter services will be accurate or reliable; nor that
d) any defects in the operation or functionality of any Consenter services provided will be repaired or corrected.
4.4. The nature of the Consenter services is conclusively regulated in the contract and the documentation of the Consenter services. A material defect shall only be given if a deviation from the documentation of the Consenter services or contractually agreed quality differs significantly. A further quality agreement requires explicit written confirmation. A particular quality cannot be derived from advertising materials or public statements if the specific content has not been expressly confirmed in writing by Consenter. The assumption of a guarantee is only valid if Consenter explicitly confirms it in writing.
4.5. Consenter does not have to pay attention to possible downward compatibility with third-party software that is not up-to-date and/or to possible interoperability with third-party software; unless such interoperability is expressly agreed as a quality. Consenter will announce significant technical changes as far as possible and reasonably, in good time in advance. If a technical change in this sense represents an unacceptable change for the customer, the customer shall have a special right of termination.
4.6. Insofar as the customer can assert claims for defects against Consenter, regarding Consenter services, through the course of providing a paid service (such as defects in the software or code provided by Consenter), the defects shall be eliminated by Consenter, at Consenter’s option. This shall be undertaken either by providing a modified version of the software or the code (e.g. an update) or by providing the customer with reasonable instructions for a workaround, provided that this does not unreasonably impair the usability of the Consenter services.
4.7. In the case of a free service provision (Free Trial) Consenter is not obliged to rectify defects.
5. Intellectual property, usage rights and Open Source
5.1. Ownership and copyright of the software, code (snippets), databases, know-how as well as offline and online materials supplied by Consenter (in the following “protected goods”), belong to Consenter and are protected by copyright and other laws, unless stated otherwise (see especially the Open Source clauses under point 5.4). The customer and third parties may use the protected goods under the following conditions.
5.2. In general, the customer may only use Consenter services if this is necessary for the contractual use. To this aim, Consenter grants the customer a simple, non-transferable right to use the Consenter services, limited in time to the duration of the agreement.
5.3. The customer is not permitted to modify or otherwise manipulate any software or codes provided by Consenter. Furthermore, the customer is not permitted to change or remove any marks, copyright notices and confidentiality notices in any software or other materials provided or made available by Consenter. Mandatory legal rights of the customer shall remain unaffected.
5.4. Notwithstanding the foregoing provisions, Consenter places the following parts of its services under an open source licence:
All content and materials provided as part of the Consenter Documentation are subject to a CC BY-SA 4.0 licence (Creative Commons Attribution-ShareAlike 4.0 International). This license requires that re-users give credit to the Consenter. It allows reusers to distribute, remix, adapt, and build upon the material in any medium or format, even for commercial purposes. If others remix, adapt, or build upon the material, they must license the modified material under identical terms.
The Consenter Standard, which specifies the technical, design and legal requirements for communication between Consenter components and third parties, is licensed under a CC BY-ND 4.0 (Creative Commons Attribution-NoDerivatives 4.0 International). This license requires that reusers give credit to Consenter. It allows reusers to copy and distribute the material in any medium or format in unadapted form only, even for commercial purposes.
All scientific methods, whether legal, technical or empirical in nature, are freely available in accordance with Open Science standards. All scientific research results have been made available in the relevant open access journals (see the list at www.consenter.eu/research). For the reuse of the texts and graphics printed there, please refer to the open access licence conditions.
5.5. Consenter may create anonymised analyses of aggregated data for which (partially) customers and information resulting from the customer’s use of the Consenter services are used (“Analysis”). The data is anonymised and aggregated for analysis, so that it is impossible to draw conclusions about individual companies or individuals. The analytics data is used for product improvement, development of new products and services, resource and support improvement, product performance improvements, security and data integrity review, identification of industry trends and developments, creation of indices and anonymous benchmarking.
6. Data protection and confidentiality
6.1. For the processing of personal data on behalf of the customer, the parties conclude a separate Data Processing Agreement. In the event of contradictions, their regulations precede these General Terms and Conditions.
6.2. Each party protects the confidential information of the other party from use or access by unauthorized individuals with reasonable care.
7. Liability
7.1. Consenter is liable in accordance with the statutory provisions in the event of gross negligence, intentional action, malice or a guarantee as well as in the event of injury to life, body or health. Liability pursuant to product liability law also remains unaffected.
7.2. In all other cases, Consenter shall only be liable in the event of negligent breach of essential contractual obligations; thus an obligation which is essential for the achievement of the purpose of the contract (cardinal obligation). In the latter case, Consenter’s liability shall be limited to the amount of damage that is foreseeable and typical for the type of subject matter of the contract.
7.3. In the case of liability under Section 7.2, the customer expressly understands and agrees that any claim against Consenter will be limited to the amount the customer has paid in the previous 12 months, if any, for use of all Consenter products and/or services. Consenter will not be liable for any indirect, incidental, consequential or exemplary loss or damage, including fines and penalties, which may be incurred by you as a result of using our services or as a result of any changes, data loss or corruption, cancellation, loss of access or downtime, even if informed of the possibility of such damages in advance, to the full extent that applicable limitation of liability laws allow. In case of prepayment for long contract terms the liability is measured on the equivalent paid within one year.
7.4. Insofar as the liability of Consenter is excluded or limited this also applies to the personal liability of the employees, other employees, institutions, representatives and vicarious agents of Consenter.
7.5. In the event of liability for intent, gross negligence or personal injury, the statutory limitation periods apply. Otherwise, a limitation period of one year applies to all claims for damages or compensation of futile expenses of the customer in the event of contractual and non-contractual liability. The limitation period begins in accordance with the statutory provisions. However, it shall begin at the latest at the end of 5 years from the date on which the claim has amounted.
8. Miscellaneous
8.1. If any provision (or part of a provision) of this agreement is invalid, illegal or unenforceable, the rest of the agreement will remain in effect.
8.2 Place of performance and jurisdiction for all obligations and disputes arising under the contract, termination and settlement is, provided that there are no compelling legal reasons, for both parties Berlin, Germany.
8.3. Amendments and additions to the contract as well as all declarations of intent relevant to the contract and declarations for the exercise of design rights, in particular terminations, reminders or deadlines, must be in writing, unless another form in the contract is expressly provided for. This also applies to the renunciation of the written form requirement.
8.4. These GTC as well as all other texts throughout the Consenter website may be translated from English to other languages. These are unofficial translations and are only provided as convenience translations. They should therefore be interpreted in accordance with the English language version which will prevail in the event of any discrepancy between the English version and the translation. Consenter assumes no liability for any errors, omissions or ambiguities in the translations. Any person or entity choosing to rely on the translated content does so at their own risk. If in doubt, please always refer to the official English language version.
8.5. Changes to these general terms and conditions will be offered by Consenter in text form
a) in the case of monthly subscriptions, no later than thirty (30) days before the proposed date of the Renewal Term, or
b) in the case of all other subscriptions, no later than two (2) months before the proposed date of their effective date, but no later than upon the beginning of the renewal term.
The contracting party shall be considered to have given its consent if it has not notified its rejection before the proposed date of effectiveness of the amendments. Consenter will specifically draw the customer’s attention to this consent requirement.
