Terms of Service
Last updated: [TO BE ADDED: date]
These Terms of Service ("Terms") govern your access to and use of the website at axiomagdpr.com (the "Website") and, where you have a subscription, the AXIOMA compliance platform (the "Platform"). The Website and the Platform are operated by [TO BE ADDED: registered company name], a company established at [TO BE ADDED: EU establishment address], registered under company number [TO BE ADDED: company registration number], VAT [TO BE ADDED: VAT number] ("AXIOMA", "we", "us", "our").
By accessing the Website or using the Platform you agree to these Terms. If you are entering into these Terms on behalf of an organisation, you confirm that you have authority to bind that organisation, and "you" refers to that organisation. If you do not agree, do not use the Website or the Platform.
1. What AXIOMA provides
AXIOMA is a software platform that helps EU businesses operate their data protection programmes. Its functions include a website and cookie scanner, records of processing (Art. 30 GDPR), a consent ledger, data-subject access request (DSAR) workflow, and tooling for personal data breaches and data protection impact assessments.
The Platform is a tool. It supports your compliance work; it does not perform that work for you and does not constitute legal advice. Outputs, scan results, templates, and recommendations are informational and depend on the data and configuration you provide. You remain responsible for your own compliance under the GDPR, the ePrivacy rules as implemented in your jurisdiction, and applicable national law. Where you need a legal determination, consult a qualified adviser.
2. Eligibility and accounts
- The Platform is intended for businesses and other organisations, not consumers, and is not directed at individuals acting outside their trade or profession.
- You must be at least 18 years old and able to form a binding contract.
- You are responsible for the accuracy of the registration information you provide and for keeping your account credentials confidential.
- You are responsible for all activity that occurs under your account, and you must notify us without undue delay at info@axiomagdpr.com if you become aware of unauthorised use.
3. Acceptable use
You may use the Website and the Platform only for lawful purposes and in accordance with these Terms. You must not:
- use the Platform to process personal data without a valid legal basis under Art. 6 GDPR (and, for special categories, Art. 9), or in breach of any other obligation that applies to you;
- run the website or cookie scanner against any site, system, or network you do not own or are not authorised to test;
- attempt to gain unauthorised access to, probe, or disrupt the Platform, its infrastructure, or other users' data;
- reverse engineer, decompile, or disassemble the Platform, except to the extent this restriction is prohibited by applicable law;
- copy, resell, sublicense, or make the Platform available to third parties except as expressly permitted in your subscription;
- upload malware, or content that is unlawful, infringing, or that you have no right to submit;
- use the Platform to build a competing product or to benchmark it for that purpose;
- circumvent or exceed usage limits, or use automated means to access the Platform other than through interfaces we provide.
We may suspend or restrict access where we reasonably believe these Terms have been breached or where continued access presents a security or legal risk, and we will act proportionately and restore access once the issue is resolved.
4. Intellectual property
The Website, the Platform, and all software, text, design, scan logic, templates, and documentation we provide, together with all related intellectual property rights, are owned by AXIOMA or its licensors. Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for your internal business purposes during your subscription term.
You retain all rights in the data and content you submit ("Customer Content"). You grant us a limited licence to host, process, and transmit Customer Content solely to provide the Platform and as set out in the Data Processing Agreement referred to in Section 6. If you provide feedback, you grant us a non-exclusive, royalty-free right to use it to improve our services.
"AXIOMA" and our logos are our trademarks. Nothing in these Terms grants you a right to use them without our prior written consent.
5. Personal data on the Website
How we handle personal data collected through the Website (for example when you contact us, request a demo, or create an account) is described in our Privacy Policy, in line with the information requirements in Art. 13 and Art. 14 GDPR. That notice also explains your rights under Art. 15 to Art. 22 GDPR and your right to lodge a complaint with a supervisory authority under Art. 77 GDPR. To exercise your rights, see /dsar.
6. Data Processing Agreement (Art. 28 GDPR)
Where you use the Platform to process personal data for which you are the controller, you act as controller and AXIOMA acts as your processor. That processing is governed by a separate Data Processing Agreement ("DPA") that meets the requirements of Art. 28(3) GDPR, including the subject matter and duration of processing, instructions, confidentiality, the security measures under Art. 32, sub-processor terms, assistance with data-subject requests and with obligations under Art. 32 to Art. 36, deletion or return of data, and audit rights.
The DPA forms part of your agreement with us and prevails over these Terms in the event of any conflict in respect of the processing of Customer Content. Any transfer of personal data to a third country is carried out only on a basis permitted under Chapter V (Art. 44 to Art. 49 GDPR), such as an adequacy decision or the Standard Contractual Clauses, as specified in the DPA. The current DPA is available at [TO BE ADDED: DPA link or contact].
7. Fees
Paid features are provided on the plan and pricing applicable to your subscription. Fees, billing cycle, taxes, and renewal terms are set out in your order or at the point of purchase. Except where required by applicable consumer or other mandatory law, fees are non-refundable for the period already paid.
8. Service availability
We aim to keep the Platform available and to give reasonable notice of planned maintenance, but the Platform is provided on the basis set out in Section 9 below. Any specific availability commitment applies only if stated in a service level agreement that forms part of your subscription.
9. Warranties and disclaimers
We provide the Website and the Platform with reasonable care and skill. To the extent permitted by applicable law, and except as expressly stated in these Terms or in a service level agreement, the Website and the Platform are provided "as is" and "as available", and we do not warrant that they will be uninterrupted, error-free, or that scan results, templates, or recommendations are complete, accurate, or sufficient for your particular compliance obligations.
Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot be excluded or limited under applicable law, including mandatory consumer protection rules and rights you may have if you are a consumer in the EU. Those rights are unaffected.
10. Limitation of liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot be limited or excluded under applicable law.
Subject to the paragraph above, and to the extent permitted by applicable law:
- we are not liable for indirect or consequential loss, or for loss of profits, revenue, goodwill, anticipated savings, or data, however arising;
- our total aggregate liability arising out of or in connection with these Terms and your use of the Website and the Platform is limited to the amount you paid to us for the Platform in the twelve months before the event giving rise to the liability, or, where no fees were paid, to [TO BE ADDED: liability cap for free use].
If you are a consumer, these limitations apply only so far as permitted by the mandatory law of your country of residence, and your statutory rights are not affected. Liability of AXIOMA in its capacity as processor is governed by the DPA and Art. 82 GDPR.
11. Indemnity
To the extent permitted by applicable law, and where you use the Platform as a business, you agree to indemnify us against third-party claims arising from your breach of these Terms, your unlawful use of the Platform, or Customer Content that infringes the rights of a third party. This Section does not apply to you as a consumer.
12. Third-party services and links
The Website and the Platform may link to or interoperate with third-party services. We are not responsible for those services, and their use is governed by their own terms.
13. Term and termination
These Terms apply while you use the Website or the Platform. You may stop using the Website at any time and end a subscription in accordance with its terms. We may suspend or terminate access where you materially breach these Terms and, where the breach is capable of cure, fail to cure it within a reasonable period after notice. On termination, the licence in Section 4 ends; return or deletion of Customer Content is handled under the DPA. Provisions that by their nature should survive termination (including Sections 4, 9, 10, 11, and 15) survive.
14. Changes to these Terms
We may update these Terms to reflect changes in the Website or the Platform, in law, or in our operations. We will post the updated version here with a revised "Last updated" date and, where the change is material, give reasonable advance notice through the Platform or by email. Changes do not apply retroactively. If you continue to use the Website or the Platform after the changes take effect, you accept the updated Terms; if you do not agree, stop using the service before that date.
15. Governing law and jurisdiction
These Terms and any dispute arising out of or in connection with them are governed by [TO BE ADDED: governing law & jurisdiction], without prejudice to any mandatory consumer protection rules that apply to you as a consumer in your country of residence and to your right to bring proceedings in the courts of that country.
16. General
- Entire agreement. These Terms, your order, any service level agreement, and the DPA form the entire agreement between you and us for the Website and the Platform.
- Severability. If any provision is held unenforceable, the remaining provisions continue in effect.
- No waiver. A failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent; we may assign them as part of a reorganisation, merger, or sale of assets, on notice to you.
17. Contact
Questions about these Terms can be sent to info@axiomagdpr.com, or by post to [TO BE ADDED: registered company name], [TO BE ADDED: EU establishment address]. Data protection enquiries may be addressed to our data protection contact at [TO BE ADDED: DPO contact].