1. Scope
These terms govern the use of Consent by Ampersand (the "Service"), provided by Ampersand Labs by Davide Morotti, Einzelunternehmen, Flüelastrasse 10, 8048 Zürich, Switzerland ("we", "us"), by its customers ("you"). By creating an account or subscribing, you accept these terms. Deviating terms of the customer apply only if we have accepted them in writing.
The Service is intended exclusively for businesses, organisations and professionals. It is not offered to consumers.
2. The Service
The Service provides software for managing website compliance, including a consent banner and consent log, cookie and accessibility scans, generated legal documents, privacy request handling, registers and reports. The features included depend on the plan you choose, as described on our pricing page at the time of subscription.
We continuously develop the Service and may change, extend or replace features, provided the core functionality of your plan is not materially reduced during a paid billing period.
3. No legal advice
The Service is a tool, not a law firm. Generated documents, scan results, compliance scores, checklists and AI-assisted assessments are informational. They are based on automated analysis and general templates and cannot account for every circumstance of your business. You remain responsible for your own compliance and for reviewing the output before relying on it. Where you need legal advice, consult a qualified lawyer, for example through a legal partner (section 9).
4. Account
You must provide accurate information when registering and keep your access credentials confidential. You are responsible for all activity under your account and your team, including the members you invite. Notify us without delay if you suspect unauthorised use.
5. Your obligations
You may use the Service only in compliance with applicable law. In particular, you will:
- register and scan only websites that you operate or are authorised to manage;
- configure the consent banner, categories and legal texts correctly for your websites and keep them up to date;
- not use the Service to process unlawful content or to send unsolicited communications;
- not attempt to circumvent usage limits, disrupt the Service, or access data of other customers;
- not resell the Service without our written consent, except as agreed for agency or partner plans.
6. Trial, prices and payment
New teams may test the Service free of charge for 14 days, unless a different trial period is offered. After the trial, continued use requires a paid subscription.
Prices are stated in Swiss francs (CHF) and exclude value added tax, which is added where applicable. Subscriptions are billed in advance for each billing period through our payment provider Stripe and renew automatically for the same period unless cancelled. Enterprise plans are billed as agreed in the respective offer.
We may adjust prices with at least 30 days' notice before the next billing period; if you do not agree, you may cancel before the change takes effect. If a payment fails, we may suspend access to paid features after reminding you; your data remains stored during the suspension.
7. Term and cancellation
You may cancel your subscription at any time in your billing settings, with effect from the end of the current billing period. Fees already paid are not refunded for unused parts of a period, unless mandatory law provides otherwise. We may terminate a subscription with 30 days' notice to the end of a billing period, and without notice for good cause, in particular for a serious breach of these terms.
Within 30 days after the end of the contract you can export your consent records and request an export of your other data. We then delete it, except where we are legally required to keep it.
8. Data protection
We process personal data as described in our privacy policy. Where we process personal data on your behalf, in particular the data of visitors to your websites, our data processing agreement applies and forms part of these terms.
9. Legal partners
The Service lets you order reviews and advice from independent law firms ("legal partners"). A contract for legal services is concluded exclusively between you and the law firm, which is solely responsible for its advice. We only provide the platform and the payment processing, and are not a party to the mandate.
10. Availability and support
We aim for high availability of the Service but do not guarantee uninterrupted operation, unless a service level has been agreed in writing. Maintenance is carried out where possible outside business hours. Support is provided by email on Swiss business days.
11. Intellectual property
The Service, its software, templates and content remain our property or that of our licensors. For the duration of your subscription we grant you a non-exclusive, non-transferable right to use the Service and to publish the generated documents and the embedded widgets on your websites. You retain all rights to the content you provide.
12. Warranty and liability
We provide the Service with due care. We are liable without limitation for damage caused intentionally or through gross negligence. Liability for slight negligence is excluded to the extent permitted by law; where it cannot be excluded, it is limited to the fees you paid for the Service in the twelve months before the damaging event. Liability for indirect and consequential damage, lost profit, fines or sanctions imposed on you, and for data loss that regular backups on your side would have prevented, is excluded to the extent permitted by law.
We are not liable for the correctness of generated documents or assessments (section 3), for the content and availability of third-party services, or for disruptions caused by events beyond our control.
13. Changes to these terms
We may amend these terms for valid reasons, such as changes in the law or in the Service. We will notify you of changes at least 30 days before they take effect. If you do not object before then, the amended terms apply; if you object, either party may terminate the contract with effect from the date of the change.
14. Governing law and jurisdiction
These terms are governed by Swiss law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction is Zurich, Switzerland.
Should any provision of these terms be invalid, the validity of the remaining provisions is not affected.