Terms and conditions

These Terms and Conditions ("Terms") are a legal agreement between you and OptinStack LLC, operating the OptinStack consent management platform ("OptinStack", "we", "us", "our").

These Terms govern your access to and use of OptinStack, including our website, dashboard, runtime SDK, APIs, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.

The Service is intended primarily for business and professional use. If you use the Service as a consumer, nothing in these Terms excludes or limits any rights, remedies, or protections that cannot lawfully be excluded or limited under the laws that apply to you.

If you do not agree to these Terms, you are not authorized to access or use the Service.

OptinStack is a consent management platform. We provide tools to display consent notices, manage consent preferences, inventory and control third-party trackers, sync consent records, and integrate with signals such as Google Consent Mode v2 and Global Privacy Control.

We may update features over time. Beta, preview, evaluation, and other pre-release features are provided "as is" and "as available," are excluded from the limited performance warranty in these Terms, and carry no warranties of any kind to the maximum extent permitted by law.

Domain scans and how tracker inventory may vary between runs are described in our Domain scan disclosure at Domain Scan Disclosure, which forms part of these Terms.

OptinStack is a software provider and not a law firm, legal advisor, compliance consultant, or regulatory authority. The Service, our documentation, scan results, classifications, templates, recommendations, support communications, and blog content are provided for informational purposes only and do not constitute legal advice.

Use of the Service does not certify or guarantee compliance with any privacy or consumer-protection law. Scan results, classifications, templates, and other outputs are informational and may be incomplete or inaccurate.

Automated classifications, AI-assisted suggestions, risk assessments, and scan outputs are generated algorithmically and may be incomplete or inaccurate. Jurisdiction and geolocation detection is based on available technical signals and may not accurately identify a visitor's location or legal jurisdiction. Privacy laws and regulatory guidance are subject to differing interpretations by regulators, courts, and supervisory authorities and may change over time.

You should consult qualified legal counsel regarding your compliance obligations and should not rely on any statement, representation, marketing claim, recommendation, scan result, assessment, score, report, template, or output generated by the Service as a guarantee of compliance. OptinStack has no obligation to monitor, review, or ensure that your configuration, implementation, processing activities, consent notices, or other disclosures comply with any particular law.

OptinStack does not insure you against or guarantee the avoidance of governmental penalties, fines, sanctions, regulatory investigations, or enforcement actions. We are not responsible for those outcomes to the extent they arise from your legal obligations, content, configuration, implementation, third-party technologies, or use of the Service contrary to these Terms or our published documentation.

You are responsible for assessing the laws applicable to you, obtaining your own legal advice, selecting settings appropriate for your properties, validating tracker classifications and disclosures, maintaining accurate notices to your visitors, and testing the Service in your environment. You are also responsible for your content, instructions, third-party technologies, tag manager configurations, and implementation steps within your control.

For paid Service subscriptions, OptinStack warrants that the Service will materially perform in accordance with our published documentation when correctly implemented and used as authorized. This limited warranty does not apply to the Free tier. For any breach of this warranty, your exclusive remedy and OptinStack's sole obligation is that we will use commercially reasonable efforts to correct the non-conformity within a commercially reasonable period or, if we determine that correction is not practicable, allow you to terminate the affected Service and receive a pro-rata refund of prepaid fees for the unused portion of the then-current subscription term. This warranty does not apply if the non-conformity was caused by misuse, unauthorized modifications, third-party technologies, incorrect implementation, or use contrary to these Terms or our published documentation. OptinStack does not guarantee uninterrupted or error-free operation, and nothing in this section makes OptinStack responsible for third-party technologies or for your compliance with applicable law.

Consent records, audit logs, and reports are informational records. They are not legal proof of compliance and their acceptance is not guaranteed by any regulator, court, or authority.

You will defend OptinStack LLC and its affiliates against any third-party claim, action, or proceeding to the extent arising from: your material breach of these Terms; your content, notices, Customer Data, or processing instructions allegedly infringing or misappropriating a third-party right or violating applicable law; or your unlawful or unauthorized use of the Service. You will indemnify OptinStack for damages finally awarded and settlements approved under the procedure below.

Your indemnification obligations do not apply to the extent a claim is caused by OptinStack's gross negligence, willful misconduct, or material breach of these Terms that is not cured after written notice and a reasonable opportunity to cure.

OptinStack will defend you against any third-party claim that the unmodified Service, when used as authorized under these Terms, infringes a United States patent, copyright, or trademark, or misappropriates a trade secret. OptinStack will indemnify you for damages finally awarded and settlements approved under the procedure below.

OptinStack's intellectual-property indemnification obligations do not apply to claims arising from your content or instructions; modifications not made by OptinStack; combination of the Service with products, processes, or materials not provided or supported by OptinStack where the claim would not otherwise have arisen; continued use after OptinStack provides notice and a non-infringing replacement; or use contrary to these Terms or our published documentation. If an infringement claim appears likely, OptinStack may procure the right for you to continue using the affected Service, modify or replace it with a materially equivalent non-infringing service, or terminate the affected Service and refund prepaid fees for the unused portion of the terminated subscription.

The party seeking indemnification must provide prompt written notice of the claim, except that delayed notice relieves the indemnifying party only to the extent materially prejudiced by the delay. The indemnifying party will control the defense and settlement, and the indemnified party will provide reasonable cooperation at the indemnifying party's expense. A settlement may not admit fault by, or impose a non-monetary obligation on, the indemnified party without its prior written consent, which will not be unreasonably withheld. The indemnified party may participate through counsel at its own expense.

Each party's aggregate liability under this section is subject to the limitation of liability below. An Enterprise order form or other separate written agreement signed by both parties may provide different indemnities, procedures, remedies, or liability limits.

When you run a domain scan, OptinStack discovers URLs on the registered hostname (typically from your sitemap, or from links on your homepage if no sitemap is available), selects pages according to the plan tier limit for that hostname, and records trackers observed on those pages.

Default scan limits are: Free: 25 pages with a 12-hour cooldown; Pro: 100 with a 12-hour cooldown; Business: 350 with no cooldown; Enterprise: 1,000 with no cooldown. Effective limits may be updated in the published pricing policy. Higher plans scan a longer prefix of the same deterministically ordered URL list.

If your site has more discoverable pages than your plan allows, we scan only up to your tier limit. Trackers on pages we do not scan are not automatically included in your inventory, consent banner configuration, or blocking rules. The resulting inventory may therefore be incomplete unless you scan more pages or add and validate trackers manually.

Webflow, Framer, and custom hostnames follow the same assignment rules. A development hostname may receive Free or paid coverage and the entitlement may be moved once to a registered, verified production hostname.

If your site is served through a reverse proxy, the assigned hostname is the public hostname visitors use, not the private origin behind the proxy.

When you publish, tracker rules on the live site reflect only what we detected on scanned pages (plus any trackers you add manually). You must review unscanned areas of your site separately.

Scan results and tracker classifications are provided for inventory and configuration assistance and are automated estimates that may be incomplete or inaccurate. We do not warrant that any single scan will detect every tracker on your property, that tracker counts will be identical between scans, or that scans or classifications alone satisfy your legal obligations. You remain responsible for reviewing, validating, and correcting results, upgrading tiers when needed, and maintaining accurate disclosures to visitors.

Automatic category assignments, including any designation of a tracker as necessary or essential, are estimates only and may be incorrect. You remain solely responsible for determining the correct legal category of every tracker and for ensuring that only strictly necessary trackers load before consent where required by law.

See Domain Scan Disclosure for full details on URL selection, consistency, and limitations.

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using the Service you represent that you meet this requirement. You are responsible for all activity that occurs under your account and for keeping your credentials secure.

You agree to:

OptinStack offers unlimited eligible Free hostname assignments, paid Pro and Business hostname subscriptions, Enterprise contracts, and annual Workspace site packs. Free and paid coverage attach to a project hostname; site packs attach to a Workspace.

Paddle.com Market Limited (“Paddle”) is the Merchant of Record and authorized reseller of OptinStack self-serve subscriptions. Buyers purchase the subscription transaction from Paddle. OptinStack LLC provides and licenses the OptinStack Service. Card details are collected and stored by Paddle, not by OptinStack.

By purchasing a paid plan, you authorize charges for the selected subscription and any renewals until you cancel. Our refund policy is published at Refund Policy and applies to all paid self-serve plans.

Each hostname may have its own paid Pro or Business subscription. example.com and foo.example.com are separate hostname subscriptions and cannot share one hostname plan. A paid subscription may be assigned to a Webflow or Framer development hostname and moved once to a verified production hostname. A Workspace site pack independently grants Business coverage to 50 active projects in that Workspace, with additional packs adding 50 projects each. Overlapping hostname subscriptions remain active unless you explicitly schedule their cancellation.

These Terms apply to self-serve plans and are not individually negotiated. Enterprise plans and custom Workspace terms may be activated under a separate written agreement. Contact sales.

Business, Enterprise, and eligible Workspace Business projects can confirm one Preferred consent storage region before first production publish. The choice is recorded once and remains associated with the project after downgrade or later upgrade. A live Free or Pro project that later becomes eligible may select once for future records only.

The feature covers authoritative consent records, regional cold consent-analytics archives, and temporary CSV export artifacts. It excludes Analytics Engine, edge and transient processing, queues, Pipelines, logs, support, security, and administration. Existing records are not automatically migrated, and historical migration is not included in the self-service feature.

The regions are Cloudflare R2 location hints and are best-effort. They do not guarantee a particular country, data residency, jurisdiction, or that data will only be processed or accessed in the selected region.

Free is provided at no charge with unlimited eligible hostname assignments and published feature and usage restrictions. Paid plans include published fair-use allowances. Abuse, security risk, non-payment, or unlawful use may result in restriction or suspension as permitted by these Terms.

Unless separately agreed in writing, OptinStack does not provide service level commitments or guarantees regarding uptime, availability, or response times, and the Service is provided on an "as available" basis.

We are not liable for any delay or failure to perform resulting from causes beyond our reasonable control, including infrastructure outages, internet or network failures, third-party service disruptions, government actions, natural disasters, or other force majeure events.

You may not use the Service in violation of applicable export control laws, trade sanctions, or other trade restrictions, and you represent that you are not located in, under the control of, or a national of any restricted jurisdiction.

OptinStack source code identified as open source is distributed under the ISC License. We retain all rights in the hosted Service, documentation, branding, and trademarks. You retain rights in your content and configuration. You grant us a limited license to host and process your content solely to provide the Service.

EXCEPT FOR THE LIMITED PERFORMANCE WARRANTY EXPRESSLY STATED IN THE "YOUR RESPONSIBILITIES" SECTION, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" TO THE MAXIMUM EXTENT PERMITTED BY LAW. OPTINSTACK AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. OPTINSTACK DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ALL DEFECTS WILL BE CORRECTED.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising from or relating to the Service or these Terms, even if advised of the possibility of those damages. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTINSTACK WILL HAVE NO LIABILITY FOR ANY REGULATORY FINES, PENALTIES, SANCTIONS, INVESTIGATIONS, OR ENFORCEMENT ACTIONS, REGARDLESS OF THE THEORY OF LIABILITY OR CAUSE.

To the maximum extent permitted by law, each party's total aggregate liability for all claims arising from or relating to the Service or these Terms, including indemnification obligations, is limited to the fees you paid OptinStack in the twelve months before the event giving rise to the claim, or one hundred US dollars if you use only Free. This cap does not limit your obligation to pay fees properly due or any liability that cannot lawfully be limited.

You may discontinue your use of the Service at any time. Canceling a subscription does not automatically delete your account or project data. Unless a separate written agreement states otherwise, you must export any consent records or configuration you wish to retain before your account or applicable project is deleted or becomes inaccessible. Export availability depends on your active plan and account status.

We may suspend or terminate access for material breach of these Terms, non-payment, unlawful use, or where reasonably necessary to protect the Service, its users, or third parties. Where practicable, we will provide notice and an opportunity to cure a remediable breach.

Upon termination, your right to use the Service ends. We will handle Customer personal data as described in the DPA and Privacy Policy, subject to applicable legal retention requirements. Except as required by the DPA or applicable law, OptinStack has no obligation to retain or provide consent records, configurations, exports, or other Customer Data after termination or deletion of the applicable account or project. Provisions that by nature should survive (including payment obligations, intellectual-property provisions, disclaimers, limitations of liability, dispute provisions, and indemnification) will survive.

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict of law principles. This choice of law does not deprive a consumer of protections under mandatory laws that apply in the consumer’s place of residence.

Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or Commercial Arbitration Rules for business customers), conducted in Wyoming. The arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration provision. If applicable law gives you a non-waivable right to bring a claim in your local courts or before a regulator, this paragraph does not restrict that right.

Class action waiver. To the extent permitted by applicable law, any claim must be brought in the party’s individual capacity, and the parties waive the right to participate in a class action, class arbitration, or representative proceeding. This waiver does not apply where prohibited by law.

Notwithstanding the above, either party may bring a claim in the state or federal courts located in Wyoming for matters concerning intellectual property infringement, injunctive relief, or unpaid fees.

Consent records collected through your use of the Service are retained according to the plan for each project, unless you request earlier deletion: three (3) years on Free, Pro, Business, and Workspace site-pack plans, and five (5) years or a custom period on Enterprise. Records that pass the end of the applicable window are scheduled for deletion from OptinStack’s active consent-record store, following a short technical buffer after that window. Archiving a project stops runtime activity but does not pause or extend the applicable retention window. You may delete individual consent records from your workspace; verified project-wide erasure requires a support request. Enterprise customers may agree a different retention period in writing. This retention supports your accountability workflows; you are responsible for determining and implementing any longer retention period your legal obligations require, including through available export or Consent Forwarding features. OptinStack does not guarantee that any regulator will accept the records as evidence of compliance.

Entire agreement. These Terms, together with any referenced documents (including our Privacy Policy, DPA, Refund Policy, and Domain scan disclosure), constitute the entire agreement between you and OptinStack regarding the Service.

Order of precedence. If these Terms conflict with an applicable order form or separate written agreement signed by OptinStack, that signed agreement controls for the subject of the conflict. The DPA controls for the processing of Customer personal data, and mandatory transfer terms control as stated in the DPA.

Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.

Waiver. Our failure to enforce a right or provision is not a waiver of that right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or other transaction without restriction.

We may update these Terms from time to time. We will post material changes on this page with a revised "Last updated" date and, where appropriate, notify account owners by email or in-product notice. Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you are not authorized to continue accessing or using the Service.

OptinStack LLC operates OptinStack. For questions about these Terms, Enterprise inquiries, or billing and payment matters, contact us at hello@optinstack.com.

Registered address: 30 N Gould St, STE R, Sheridan, WY 82801, USA.