Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Leap91 Solutions Pvt Ltd (“ConsentifyAI”, “we”, “us”, or “our”) governing your access to and use of the ConsentifyAI website, content, and — where you subscribe or are granted access — our Consent Management and Cookie Management products (collectively, the “Services”).

By accessing or using the Services, you agree to these Terms. If you are using the Services on behalf of an organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation. If you do not agree, do not use the Services.

Paid product access may also be governed by a separate order form, subscription agreement, or data processing agreement. In the event of a conflict between those documents and these Terms, the signed commercial documents control for the paid Services they cover.

1. The Services

ConsentifyAI provides software and related materials to help organisations collect, manage, and record consent, and to manage cookies and similar technologies, in support of compliance with India’s Digital Personal Data Protection Act, 2023 (the “DPDP Act”) and related rules.

The Services are tools that assist your compliance programme. They do not, by themselves, make your organisation compliant with any law, and they are not a substitute for legal, regulatory, or professional advice. You remain solely responsible for determining how the law applies to your business and for your own compliance decisions.

2. Eligibility and accounts

You must be legally capable of entering into a binding contract under applicable law to use the Services. If account registration is offered, you agree to provide accurate information, keep credentials confidential, and promptly notify us of any unauthorised use. You are responsible for all activity under your account.

3. Acceptable use

You agree not to:

• use the Services in violation of any applicable law or regulation, including the DPDP Act;
• submit unlawful, harmful, or infringing content through the Services;
• attempt to gain unauthorised access to the Services, other accounts, or related systems and networks;
• interfere with or disrupt the integrity, availability, or performance of the Services;
• probe, scan, or test the vulnerability of the Services except with our prior written consent;
• copy, modify, distribute, sell, lease, or reverse-engineer the Services except to the extent such restriction is prohibited by applicable law; or
• use the Services to build a competing product or service using non-public aspects of the Services.

We may suspend or restrict access if we reasonably believe you have breached this section or that continued use poses a security or legal risk.

4. Personal data and roles

When you use our paid Consent Management or Cookie Management products to process personal data of your end users or customers, you are typically the Data Fiduciary under the DPDP Act, and we act as a Data Processor processing that data on your documented instructions. Those arrangements are governed by the applicable data processing terms and commercial agreement.

Personal data collected through this marketing website (for example, contact or demo enquiries) is handled by us as a Data Fiduciary as described in our Privacy Policy, which forms part of these Terms by reference for website use.

5. Customer responsibilities

If you deploy the Services in your organisation, you are responsible for:

• configuring the Services in a manner appropriate to your legal and operational requirements;
• providing all notices and obtaining all consents required from Data Principals under applicable law;
• the accuracy and lawfulness of data and content you submit to the Services; and
• your internal policies, staff training, and responses to Data Principal requests, except where we expressly agree in writing to assist as a processor.

6. Fees and payment

Access to certain product features may require a paid subscription. Fees, billing cycles, taxes, and payment terms will be set out in the applicable order form or subscription agreement. Unless stated otherwise, fees are exclusive of GST and other applicable taxes, which you are responsible for paying.

Failure to pay undisputed amounts when due may result in suspension or termination of paid access after reasonable notice.

7. Intellectual property

Leap91 Solutions Pvt Ltd and its licensors retain all right, title, and interest in the Services, including software, documentation, designs, trademarks, and branding (including “ConsentifyAI”). You receive only a limited, non-exclusive, non-transferable right to use the Services as permitted under these Terms and any applicable commercial agreement.

You retain all rights in data and content you provide to the Services (“Customer Content”). You grant us a limited licence to host, process, and display Customer Content solely as needed to provide and support the Services. Feedback you provide about the Services may be used by us without obligation to you.

8. Third-party services

The Services or website may link to or integrate with third-party tools (for example, scheduling or form providers). Those services are governed by their own terms and privacy policies. We are not responsible for third-party services we do not control.

9. Disclaimers

Except as expressly stated in a signed commercial agreement, the Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, free of harmful components, or that they will guarantee compliance with the DPDP Act or any other law. Compliance outcomes depend on your configuration, processes, and legal advice.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data, arising out of or related to these Terms or the Services, whether based in contract, tort, or otherwise, even if advised of the possibility of such damages.

Except for liability that cannot be limited by law, each party’s aggregate liability arising out of or related to these Terms will not exceed the amounts paid by you to us for the Services in the twelve (12) months preceding the claim — or, if you have not paid any fees, one thousand Indian Rupees (INR 1,000). Different caps may apply under a signed order form or subscription agreement.

11. Indemnity

You agree to indemnify and hold harmless Leap91 Solutions Pvt Ltd and its directors, officers, employees, and agents from and against claims, losses, and expenses (including reasonable legal fees) arising from your misuse of the Services, your breach of these Terms, or your violation of applicable law or third-party rights — except to the extent caused by our wilful misconduct or material breach.

12. Suspension and termination

You may stop using the website at any time. For paid Services, termination and data return/deletion will follow the applicable commercial agreement.

We may suspend or terminate access to the Services if you materially breach these Terms and fail to cure within a reasonable period after notice (or immediately where the breach cannot reasonably be cured, or where continued access creates legal, security, or operational risk). Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnity, and governing law — will survive.

13. Governing law and disputes

These Terms are governed by the laws of India, without regard to conflict of law principles. Subject to any different dispute resolution process agreed in a signed commercial agreement, courts in Pune, Maharashtra, India shall have exclusive jurisdiction over disputes arising out of or relating to these Terms.

14. Changes to these Terms

We may update these Terms from time to time. When we make changes, we will revise the effective date above and post the updated Terms on this page. For material changes affecting paid Services, we will provide notice as required under the applicable commercial agreement. Continued use of the website after an update constitutes acceptance of the revised Terms for website use.

15. General

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy and any applicable commercial agreements, constitute the entire agreement between you and us regarding the subject matter and supersede prior conflicting communications on that subject.

16. Contact

Questions about these Terms can be sent to:

• Entity: Leap91 Solutions Pvt Ltd
• Email: support@consentifyai.com
• Phone: +91 76662 17054
• Address: Pune, Maharashtra, India