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Terms of Service

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Read carefully before installing. By installing or using ConsentCraft, you agree to these Terms of Service. If you do not agree, do not install or use the Service.

Contents

  1. Technology Provider — Not Legal Advice
  2. Definitions
  3. Acceptance
  4. Description of Services
  5. Merchant Responsibilities
  6. Acceptable Use
  7. Intellectual Property
  8. Disclaimer of Warranties
  9. Limitation of Liability
  10. Indemnification
  11. Fees and Billing
  12. Suspension and Termination
  13. Modifications to Terms
  14. Governing Law
  15. General Provisions
  16. Contact

2. Definitions

  • "ConsentCraft," "we," "us," or "our" means Lucent Labs LLC, a California Single-Member Limited Liability Company (EIN 42-2711201).
  • "Service" means the ConsentCraft Shopify application and all related features, APIs, and documentation.
  • "Merchant" or "you" means the Shopify store owner or authorized representative who installs or uses the Service.
  • "Store Visitor" means any person who visits a Merchant's Shopify storefront where ConsentCraft is active.
  • "Agreement" means these Terms of Service together with our Privacy Policy andData Processing Agreement.

3. Acceptance

By installing, accessing, or using ConsentCraft, you agree to be bound by this Agreement. If you are acting on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to this Agreement. If you do not agree to all terms, do not install or use the Service.

4. Description of Services

ConsentCraft provides:

  • Customizable consent banners for Shopify storefronts, supporting GDPR, ePrivacy Directive, CCPA, and related regulations
  • Consent preference management and tamper-evident audit logging
  • Email discount capture integrated into the consent flow
  • Privacy scanner to detect third-party trackers and cookies on your store
  • Google Consent Mode v2 integration
  • Data Subject Request (DSR) form for your store visitors

We may modify, add, or remove features at any time. Material changes to core functionality will be communicated to active Merchants with reasonable advance notice.

5. Merchant Responsibilities

You are solely responsible for, and you represent and warrant that you will:

  1. Determine which privacy laws apply to your store and your Store Visitors based on your own legal analysis or legal counsel.
  2. Configure the ConsentCraft consent banner accurately and lawfully for your applicable jurisdictions — including selecting appropriate consent categories, drafting lawful banner text, and linking to compliant privacy notices.
  3. Obtain your own independent legal advice regarding your compliance obligations.
  4. Ensure your overall store privacy practices — including third-party apps, analytics tools, marketing platforms, and data processors beyond ConsentCraft — comply with applicable law.
  5. Maintain accurate, lawful, and up-to-date privacy notices and cookie disclosures on your store.
  6. Ensure that any use of the email discount capture feature complies with applicable data protection and electronic marketing laws in your jurisdiction, including obtaining any required additional consents.
  7. Respond to data subject requests from your Store Visitors in accordance with applicable law.
  8. Notify us of any security incidents involving data processed through ConsentCraft by emailingprivacy@consentcraft.ai.

6. Acceptable Use

You may not use ConsentCraft to:

  • Deceive Store Visitors about consent choices (e.g., pre-ticked checkboxes, misleading button labels, dark patterns that obscure the option to decline)
  • Collect consent records and use them for purposes beyond those disclosed to Store Visitors
  • Attempt to reverse-engineer, decompile, scrape, or disrupt the Service or its underlying infrastructure
  • Resell, sublicense, or provide access to the Service to third parties without our prior written permission
  • Violate any applicable law, regulation, or third-party right
  • Use the Service in any way that could damage our reputation or expose us to liability

We reserve the right to suspend or terminate your access immediately if we reasonably believe you are in violation of this Section.

7. Intellectual Property

All intellectual property rights in the Service — including software, user interface, branding, documentation, and underlying technology — belong to Lucent Labs LLC or its licensors. Nothing in this Agreement transfers any ownership of intellectual property to you.

This Agreement grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your active subscription term, solely for your own internal business purposes in accordance with this Agreement.

You grant us a limited license to process and store your store's data as necessary to deliver the Service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM:

  1. Any warranty that the Service will make your store legally compliant with any law or regulation.
  2. Any warranty that the Service will prevent, reduce, or eliminate regulatory investigations, fines, penalties, or enforcement actions.
  3. Any warranty of merchantability, fitness for a particular purpose, or non-infringement.
  4. Any warranty that the Service will be uninterrupted, error-free, secure, or free of harmful components.
  5. Any warranty regarding the accuracy, completeness, or timeliness of privacy scanner results or tracker detection.
  6. Any warranty that consent banner configurations will satisfy the requirements of any specific regulator, supervisory authority, or court.
  7. Any warranty that the Service captures, blocks, or categorizes all third-party trackers, cookies, or data flows present on your store.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted under applicable law, this disclaimer applies to the fullest extent permitted.

9. Limitation of Liability

9.1 — Aggregate Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICE — REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) — IS LIMITED TO THE GREATER OF:

  • (a) THE TOTAL FEES PAID BY YOU TO US IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
  • (b) ONE HUNDRED US DOLLARS (USD $100.00).

9.2 — Excluded Damages. IN NO EVENT WILL WE BE LIABLE FOR ANY: INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS OR REVENUE; LOSS OF BUSINESS OR GOODWILL; LOSS OF DATA; BUSINESS INTERRUPTION; COST OF SUBSTITUTE SERVICES; OR REGULATORY FINES, PENALTIES, OR ENFORCEMENT COSTS — EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE.

9.3 — Essential Basis. THE LIMITATIONS IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE SERVICE WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.

9.4 — GDPR Article 82 Carve-Out. Notwithstanding Sections 9.1 and 9.2, nothing in this Agreement limits or excludes liability that cannot be limited or excluded under mandatory applicable law. Specifically, nothing herein limits liability under GDPR Article 82 where we are found, as a data processor within the meaning of the GDPR, to have caused damage to a data subject as a direct result of our own breach of our Chapter IV obligations.

10. Indemnification

You agree to indemnify, defend (at our option), and hold harmless Lucent Labs LLC and its members, officers, employees, contractors, and agents from and against any third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees and costs of investigation) arising from or relating to:

  1. Your use of the Service in violation of this Agreement or applicable law;
  2. Your breach of any applicable privacy, data protection, electronic marketing, or consumer protection law — including, without limitation, the GDPR, ePrivacy Directive, CCPA, or CPRA;
  3. Your misconfiguration of the consent banner, DSR form, email capture feature, or any other element of the Service;
  4. Claims brought by your Store Visitors arising from your privacy practices, your data collection, or your use of the consent records generated by the Service;
  5. Any regulatory investigation, fine, penalty, or enforcement action arising from your store's compliance posture, regardless of whether ConsentCraft was installed at the time; or
  6. Any content, materials, or data you submit, upload, display, or transmit through or in connection with the Service.

We reserve the right to assume exclusive control of any matter subject to indemnification. You will not settle any such matter without our prior written consent.

11. Fees and Billing

Fees are charged through the Shopify Billing API in accordance with the pricing disclosed in the Shopify App Store listing at the time of installation. By installing ConsentCraft, you authorize Shopify to charge your account according to the plan you select.

We reserve the right to modify pricing with at least 30 days' advance notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

Annual plans: fees for the current annual plan period are non-refundable after 30 days from the subscription start date.Monthly plans: no cancellation fees; you may cancel at any time.

All fees are exclusive of applicable taxes. You are responsible for any applicable sales, use, value-added, or similar taxes.

12. Suspension and Termination

We may suspend or terminate your access to the Service immediately and without notice if you: (a) breach any material term of this Agreement; (b) engage in fraudulent, abusive, or unlawful behavior; (c) fail to pay applicable fees; or (d) if we are required to do so by law.

You may cancel at any time through the Shopify admin panel. No additional cancellation fees apply. Upon termination, your access to the Service will cease and your data will be retained and then deleted in accordance with our Privacy Policy retention schedule.

Sections that by their nature should survive termination — including Sections 1, 7, 8, 9, 10, and 14 — will survive any termination or expiry of this Agreement.

13. Modifications to Terms

We may update these Terms of Service at any time. The updated terms will be posted at this URL with a revised "Last updated" date. For material changes, we will notify active Merchants by email at least14 days before the updated terms take effect. If you do not accept the updated terms, you must cancel before the effective date. Continued use of the Service after the effective date constitutes acceptance.

14. Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law provisions or principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, claim, or controversy arising from or relating to this Agreement or the breach, termination, or validity thereof shall be resolved exclusively in the state or federal courts located inLos Angeles County, California. You and Lucent Labs LLC each irrevocably consent to the personal jurisdiction and venue of those courts.

Notwithstanding the foregoing, nothing in this Section limits either party's ability to seek emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

15. General Provisions

  • Entire Agreement. This Agreement — together with ourPrivacy Policy andData Processing Agreement — constitutes the entire agreement between you and Lucent Labs LLC regarding the Service and supersedes all prior and contemporaneous agreements.
  • Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.
  • Waiver. Failure by either party to enforce any provision of this Agreement does not constitute a waiver of that provision or any other right.
  • Assignment. You may not assign or transfer this Agreement or any of your rights or obligations hereunder without our prior written consent. We may assign this Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
  • Force Majeure. Neither party will be liable for any failure or delay in performance arising from causes beyond its reasonable control, including natural disasters, acts of government, infrastructure failures, or widespread internet disruptions.
  • No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights.

16. Contact

For questions about these Terms of Service, contact us at:
Lucent Labs LLC
Email: legal@consentcraft.ai
Website: consentcraft.ai