Terms and Conditions

1. General provisions

1.1. These Terms and Conditions (the "Terms") govern the relationship between S.R.L. "BUSINESS PROCESE", IDNO 1019600047127, registered office: Bulevardul Iuri Gagarin 10, MD-2001, Chișinău (the "Provider"), and the person who creates an account on the CookieYes platform (the "Client") in connection with the use of the platform.

1.2. By creating an account, the Client confirms that it has read these Terms, the Privacy Policy and the Data Processing Agreement and accepts them in full. Such acceptance has the effect of an agreement concluded in electronic form.

1.3. The Service is intended for legal entities and for natural persons carrying out a business or professional activity. A person creating an account on behalf of an entity represents that they hold the authority required to do so.

2. Definitions

For the purposes of these Terms, the following terms have the meanings set out below:

• Service – the CookieYes platform, available at https://cookieyes.md, through which the Client configures, publishes and manages a cookie consent banner;
• Site – one or more domains of the Client, registered in the account under a single configuration;
• Script – the JavaScript file generated by the Service for each Site, which the Client inserts into the Site's pages;
• Visitor – a natural person who accesses the Client's Site;
• Consent Log – the record of the choices expressed by Visitors through the banner.

3. Subject matter

3.1. The Provider grants the Client a non-exclusive, non-transferable right to use the Service for as long as the account exists, under these Terms.

3.2. The Service comprises:

• configuration of the banner, its wording and the cookie categories;
• generation and hosting of the Script;
• blocking of non-essential scripts and cookies until consent is given, and deletion of cookies in rejected categories;
• transmission of Google Consent Mode signals;
• keeping of the Consent Log, with viewing and export functions;
• aggregated statistics of Visitors' choices.

4. Account

4.1. On registration, the Client shall provide accurate, complete and up-to-date information and shall keep it so for as long as it uses the Service.

4.2. The Client shall keep its login credentials confidential and is responsible for all actions performed from its account. The Client shall notify the Provider without delay of any unauthorised access to the account.

5. Rights and obligations of the Client

5.1. The Client is entitled:

• to use the Service for its intended purpose;
• to configure, pause and delete the Sites in its account;
• to access and export the Consent Log of its own Sites.

5.2. The Client undertakes:

• to insert the Script in accordance with the instructions in the panel and not to alter its code;
• to declare accurately the cookies and third-party services used on the Site and to update the configuration whenever they change;
• to ensure that the banner wording and its own cookie policy reflect the processing actually carried out on the Site;
• not to use the Service for purposes contrary to law, public order or morality, and to refrain from any action liable to disrupt its operation, including overloading, unauthorised access or reverse engineering.

5.3. With regard to the personal data of the Visitors of its Site, the Client acts as controller within the meaning of Law No. 195/2024 on personal data protection and is responsible for having a lawful basis for the processing and for informing Visitors.

6. Rights and obligations of the Provider

6.1. The Provider shall use reasonable efforts to keep the Service running without interruption, but does not guarantee that it will be free of interruptions. Planned maintenance is, as a rule, carried out during periods of low traffic.

6.2. The Provider may change the features of the Service, provided that the features used by the Client are not materially reduced.

6.3. The Provider may suspend access to the account if these Terms are breached, with notice to the Client.

6.4. To generate the banner preview, the Provider accesses the public pages of the Site by automated means and takes screenshots of them. By registering the Site in its account, the Client consents to such access.

7. Commercial terms

7.1. The fee, billing period and method of payment are set by the offer accepted by the Client or by a separate contract between the parties.

7.2. In the absence of an accepted offer or a contract, the Service is provided free of charge, within the features available in the account.

8. Limitation of liability

8.1. The Service is a technical tool. Its use does not constitute legal advice and does not replace the assessment of the Site's compliance with applicable law, which the Client carries out at its own responsibility, where appropriate with the assistance of a specialist.

8.2. The Provider is not liable for damage caused by:

• incomplete or incorrect configuration of the Site by the Client;
• incorrect insertion of the Script or alteration of its code;
• scripts and cookies placed on the Site other than through the Script;
• interruptions attributable to third parties or caused by force majeure.

8.3. The Provider's total liability to the Client, on whatever basis, is limited to the amount paid by the Client for the Service in the twelve months preceding the event that caused the damage. This limitation does not apply to damage caused intentionally or through gross negligence.

9. Intellectual property

9.1. The rights in the Service, including its source code, interface and documentation, belong to the Provider or its licensors. Open-source components included in the Script are used under their own licences.

9.2. Texts, images and other materials entered by the Client remain the Client's property. The Client grants the Provider the right to use them solely for the purpose of providing the Service.

10. Personal data protection

10.1. The data of the Client and its representatives are processed in accordance with the Privacy Policy.

10.2. The processing of Visitors' data carried out by the Provider on behalf of the Client is governed by the Data Processing Agreement, which forms an integral part of these Terms.

11. Term and termination

11.1. The relationship between the parties is entered into for an indefinite term, from the date the account is created.

11.2. The Client may stop using the Service at any time by deleting the Sites from its account and requesting closure of the account at info@bpro.md.

11.3. The Provider may stop providing the Service by giving at least 30 days' prior notice or, in the event of a serious breach of these Terms, without notice.

11.4. On termination, data are handled in accordance with the Privacy Policy and the Data Processing Agreement.

12. Changes to the Terms

12.1. The Provider may amend these Terms. The version in force is published on this page, together with the date of the last update. The Client is informed of material changes by email or through the panel at least 15 days before they take effect.

12.2. Continued use of the Service after the changes take effect constitutes acceptance of them.

13. Governing law and disputes

13.1. These Terms are governed by the law of the Republic of Moldova.

13.2. Disputes between the parties shall be settled amicably or, failing that, by the competent court of the Republic of Moldova.

13.3. These Terms are drawn up in Romanian. Translations into other languages are provided for information only.

14. Provider's contact details

S.R.L. "BUSINESS PROCESE", IDNO 1019600047127, registered office: Bulevardul Iuri Gagarin 10, MD-2001, Chișinău, email: info@bpro.md.