Terms of Service

1. Acceptance of Terms

By accessing or using the aGentdpr website and its GDPR assessment services (collectively, the "Service"), provided by [Your Company Name/Legal Entity, e.g., "aGentdpr Solutions Ltd."] ("aGentdpr," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Service. Your use of our Service is also governed by our Privacy Policy, which is incorporated herein by reference.

2. Description of Service and Nature of Information

aGentdpr provides an online platform offering tools to help businesses assess their preparedness for the General Data Protection Regulation (GDPR). This includes a guided questionnaire, the generation of a preliminary audit preview, and, upon payment, a more detailed audit report containing information and suggestions based on your responses and, for certain plans, automated scans of publicly accessible web assets you specify.

No Guarantee of Compliance: You acknowledge and agree that the Service provides informational and assessment tools only. The reports and any suggestions or information provided by aGentdpr are based on the information you input and automated analysis. The Service DOES NOT constitute legal advice, nor does it guarantee that you will be compliant with GDPR or any other data protection laws. Achieving GDPR compliance is an ongoing process that involves many factors specific to your organization beyond the scope of our automated Service.

User Responsibility: You are solely responsible for your organization's GDPR compliance. You should consult with a qualified legal professional or data protection expert to understand your specific obligations and to ensure your practices are fully compliant. The information from our Service should be used as one tool among others in your overall compliance strategy.

3. User Accounts and Responsibilities

To use certain features, you will need to provide accurate and current information, such as your email address. You are responsible for all activities that occur under your audit session or account (if applicable). You agree to notify us immediately of any unauthorized use.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You will not use the Service to process or transmit any data that is unlawful, abusive, or infringes on any third-party rights.

4. Fees, Payment, and Refunds

Access to detailed audit reports and premium features of the Service requires payment of fees as described on our website. All fees are quoted in [Specify Currency, e.g., EUR] and are payable through our third-party payment processor (e.g., Stripe).

By providing payment information, you represent and warrant that you are authorized to use the designated payment method. Payments are generally non-refundable, except where required by law or at our sole discretion. Any refund requests will be considered on a case-by-case basis.

5. Intellectual Property Rights

The Service, including its software, design, text, graphics, logos, and the reports generated (excluding your specific input data), are the property of aGentdpr or its licensors and are protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service and access your generated reports for your internal business assessment purposes, subject to these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any part of the Service or reports without our express prior written consent.

6. User-Provided Information (Assessment Data)

You retain ownership of the information and answers you provide during the GDPR assessment process ("Assessment Data"). You grant aGentdpr a worldwide, non-exclusive, royalty-free license to use, process, and analyze your Assessment Data solely for the purpose of providing the Service to you, including generating your audit preview and report. We will handle your Assessment Data in accordance with our Privacy Policy.

You are responsible for the accuracy and legality of your Assessment Data.

7. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR RELIABILITY.

AGENTDPR DOES NOT WARRANT THAT: (I) THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (III) THE RESULTS OF USING THE SERVICE (INCLUDING ANY REPORTS OR SUGGESTIONS) WILL MEET YOUR REQUIREMENTS, GUARANTEE GDPR COMPLIANCE, OR BE ACCURATE OR RELIABLE FOR LEGAL PURPOSES.

YOUR USE OF THE SERVICE AND RELIANCE ON ANY INFORMATION PROVIDED IS SOLELY AT YOUR OWN RISK. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING THE ACCURACY AND COMPLETENESS OF ANY INFORMATION AND FOR SEEKING QUALIFIED LEGAL AND PROFESSIONAL ADVICE.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGENTDPR, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY INFORMATION OR REPORTS OBTAINED THROUGH THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AGENTDPR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL AGENTDPR'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO AGENTDPR FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) [Specify a nominal amount, e.g., ONE HUNDRED EUR (€100.00)].

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless aGentdpr, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Assessment Data caused damage to a third party. This indemnification obligation will survive the termination of these Terms and your use of the Service.

10. Modifications to the Service and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may also revise these Terms from time to time. The most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you (e.g., via email or a notification on the Service). By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms.

11. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction, e.g., Republic of Ireland], without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in [City, Your Jurisdiction], and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

Before initiating any legal action, you agree to first attempt to resolve any dispute or claim relating to these Terms or the Service by contacting us in writing and engaging in good faith negotiations for at least thirty (30) days. If the dispute is not resolved within this period, either party may pursue legal remedies as set forth above. Nothing in this section limits either party’s right to seek injunctive or equitable relief for matters related to intellectual property or unauthorized access to the Service.

12. Export Control and Sanctions

You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to applicable export restrictions or sanctions. You agree not to use, export, or re-export the Service or any content in violation of any applicable laws or regulations, including without limitation United States or European Union export control laws.

13. Force Majeure

aGentdpr shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, interruptions or failures of the Internet or third-party services, or other events of force majeure.

14. Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign these Terms without restriction as part of a merger, acquisition, sale of assets, or by operation of law.

15. Electronic Communications

By using the Service, you consent to receive communications from us electronically (such as emails, notices posted on our website, or in-app messages). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16. Severability and Waiver

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or additional terms published by aGentdpr, constitute the entire agreement between you and aGentdpr concerning your use of the Service and supersede all prior agreements, communications, and understandings, whether written or oral, relating to the subject matter hereof.

18. Contact Information

If you have any questions about these Terms, please contact us at our Contact Page