Terms of service — not yet written.

The agreement and your account

Identifies the two parties to the contract, and says which documents make up the whole agreement — these terms together with the privacy policy and, where it applies, the data processing addendum.

Establishes that someone signing up for an organisation confirms they may bind it, sets the minimum age and capacity to contract, and places responsibility for account credentials and for everything done under an account with the account holder. Names the address to use to report suspected unauthorised access.

The service

Describes what is being licensed, in terms that match what the product actually does: scanning registered sites, holding non-essential tags until a visitor consents, recording consent decisions, generating policy and statement drafts, and producing reports the customer can keep as evidence.

States what is promised about availability, and what is not. States whether features may be changed or retired, how much notice that carries, and what the customer gets when something they depend on goes away.

What UserGuard does not do

This is the section that matters most, and it carries the position the rest of the site already takes in plain sight.

UserGuard does not provide legal advice. Nothing in the product, the documentation, the reports, the support inbox, or this website is legal advice, and no relationship of lawyer and client arises from using it. Whether a particular practice satisfies a particular law is a question for a qualified lawyer in the relevant jurisdiction who knows the circumstances.

UserGuard does not warrant that a site is compliant with any law, and it cannot. Compliance is a property of an organisation’s whole conduct — what data it collects, why, what it tells people, who it shares with, how it responds to requests — and a script sees only a fraction of that. What UserGuard sells is evidence: a record of what a site loaded, what was asked of each visitor, and what they answered.

The final text will extend the same limit to the accessibility features: a widget can help some users some of the time, and it cannot substitute for accessible markup underneath it.

Your responsibilities

Sets out what the customer must do for the product to mean anything, at minimum:

• Right to install. Confirming ownership of the registered sites, or authorisation from the owner to install the script and make configuration decisions.
• Accurate configuration. Category assignments, purpose descriptions, retention settings and contact details are the customer’s to set; a scan prefills what it can determine and flags what it cannot, and the judgement calls remain the customer’s.
• Reviewing what gets published. A generated cookie policy or accessibility statement goes live on the customer’s domain under the customer’s name, and has to be read before publishing and re-read when a rescan changes it.
• Their own legal notices. Responsibility for having a privacy policy, for answering data-subject requests from their visitors, and for their relationship with their own regulators stays with the customer.
• Keeping the script installed correctly. Moving the tag, deferring it behind another loader, or stripping it from some templates stops consent gating working on those pages.

Acceptable use

Prohibits scanning sites the customer has no right to scan, misrepresenting what a site does, presenting a consent record as evidence of something it does not show, and altering or fabricating records after the fact.

Prohibits probing or breaching the service without written authorisation, reselling or white-labelling it outside a written agreement, scraping the application, and using it to build a competing product. States what happens when a breach is suspected, and when action comes before the conversation rather than after.

Fees, billing, refunds and cancellation

States the price and the billing cycle, how tax is handled, what happens when a site is added or removed mid-cycle, and how and with how much notice prices may change.

States the refund position and any trial or money-back window. States how cancellation works, when it takes effect, how long data stays exportable afterwards, and what happens on a failed payment before anything is suspended.

Intellectual property and your data

Establishes that UserGuard owns the software, the scanning engine, the documentation, the site and the marks, and grants the customer a limited right to use the service while their subscription is current.

Establishes the other half, which the product depends on: consent records, scan results, reports and configuration belong to the customer. It has to say that this data is processed only to provide the service, as described in the data processing addendum, that it is not sold and not used to train models, and that the customer can export it without asking first. It also has to cover feedback and feature requests — the idea, not the data.

Confidentiality

Defines what each side may learn about the other that is not public, and obliges each to protect it, use it only to perform the agreement, and disclose it only to people who need it and are bound to keep it confidential.

Carves out information that is already public, was known beforehand, is independently developed, or must be disclosed by law, with notice where notice is lawful. States how long these obligations survive termination.

Warranties and disclaimers

States the warranties actually given — the standard of skill and care, the right to license the service, and anything promised about not reducing security during a paid term.

Disclaims the rest to the extent the law allows, and says plainly that the service is not warranted to be uninterrupted or error-free, that no scan can be guaranteed to detect every cookie on every page, and, as the section above says at length, that using the product does not make anyone compliant with any law. Notes that some jurisdictions do not permit certain exclusions.

Limitation of liability

Excludes indirect, incidental, special, consequential and exemplary damages and lost profits, revenue and data, and sets the cap on each party’s aggregate liability — the amount and the period it is measured over.

Lists what falls outside the cap: the obligation to pay fees, the indemnities, breach of confidentiality, and liability that cannot lawfully be limited. Given what a tool at this price can be relied on for, the section should say honestly what the cap means for a customer sizing their reliance.

Indemnity

Establishes UserGuard’s defence of the customer against third-party claims that the service as supplied infringes intellectual property rights, and the conditions attached — prompt notice, control of the defence, reasonable cooperation.

Establishes the reciprocal indemnity from the customer for claims arising from use in breach of these terms, from content or configuration they supplied, or from installing the script on a site they had no authority over.

Suspension and termination

States how a customer terminates, the grounds on which UserGuard may suspend or terminate, and the cure period for a material breach.

States what happens to the data afterwards: how long it stays exportable, when it is deleted, and whether a final export of the consent log and scan history is available on request. Whatever the periods turn out to be, termination cannot erase evidence a customer has already downloaded.

Changes to the service and to these terms

Distinguishes minor corrections from material changes, states how each takes effect, how much notice material changes carry, and what a customer who does not accept one can do.

Commits to keeping prior versions available and comparable, because a contract you cannot compare against its previous self is not much of a contract.

Governing law, disputes, and contact

Names the governing law and the forum for disputes, and sets out any step the parties must take before filing — a written description of the problem, a period to respond, a period to negotiate in good faith.

Preserves the right of either party to seek injunctive relief to protect intellectual property or confidential information, and preserves the protection of mandatory local law for consumers in the EEA and the UK.

States how formal notices reach each party. Until this document exists, anything you would send under it should go to hello@userguard.io, and questions before signing up are welcome on the contact page.