Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the Carbon consent‑certification platform and related websites, APIs, snippets, dashboards, and services (together, the “Service”). The Service is operated by Represent Digital LLC (“Carbon,” “we,” “us,” or “our”). By creating an account, installing a Carbon snippet, or otherwise using the Service, you agree to these Terms on behalf of yourself and the organization you represent (“Customer,” “you”).

1. The Service

Carbon helps businesses record and retain evidence of consumer interactions with online forms and disclosures. When a consumer interacts with a page carrying a Carbon snippet, Carbon may record that interaction, mint a tamper‑evident certificate describing what was presented and what the consumer did, and retain that certificate so it can later be verified or replayed. Carbon may also provide centrally managed legal‑content components (the “Legal Widget”) that render consent language and related disclosures on your pages.

Carbon provides evidentiary tooling. Carbon does not provide legal advice, and a Carbon certificate is not a determination that any particular consent, disclosure, or business practice is lawful or compliant. You are solely responsible for determining what disclosures and consents your business requires and for configuring the Service accordingly.

2. Accounts and eligibility

The Service is for business use only. You must be able to form a binding contract and must provide accurate account information. You are responsible for all activity under your account and for safeguarding your credentials and API keys. Notify us promptly of any unauthorized use.

3. Your responsibilities

• Use the Service only for lawful purposes and in compliance with all applicable laws and regulations, including those governing consent, marketing, telemarketing, and consumer data (for example, the TCPA, FCRA, and applicable state privacy laws).
• Obtain any notices, permissions, or consents required to record consumer interactions and to place Carbon snippets on the pages where you deploy them.
• Ensure the disclosures and consent language presented on your pages are accurate and appropriate for your business; you are responsible for that content, including where the Legal Widget is used.
• Not use the Service to collect data you are not permitted to collect, and not deploy it on pages directed to children or otherwise prohibited audiences.

4. Certificates and evidence

Certificates are designed to be append‑only: once issued, a certificate is not altered, backdated, or re‑issued. A correction is made by creating a new record that references the prior one. We retain certificates and associated recordings on your behalf in accordance with your plan and configuration. Retention is a service commitment; deletion, where offered, is performed only on your instruction or as required by law, and cannot restore records already deleted.

We do not guarantee that any certificate will be admitted as evidence, accepted by any third party, or achieve any particular legal or commercial outcome.

5. Fees and billing

Fees for the Service are described at the point of sale or on our pricing page. Unless stated otherwise, subscription fees are billed in advance and usage‑based fees (such as per‑lead retention) are billed in arrears. Fees are non‑refundable except where required by law. We may change pricing prospectively on reasonable notice.

6. Data and privacy

Our handling of personal information is described in our Privacy Policy. With respect to consumer personal information that we process on your behalf through the Service, you act as the controller (or equivalent) and we act as your processor (or equivalent); a data processing addendum governs that relationship and is incorporated by reference where applicable.

7. Acceptable use

You may not (a) reverse engineer or attempt to access the Service other than through documented interfaces; (b) interfere with or disrupt the Service; (c) attempt to access another customer’s data; (d) resell the Service without authorization; or (e) use the Service to store or transmit malicious code or unlawful content.

8. Intellectual property

We and our licensors own the Service, including all software, designs, and documentation. Subject to these Terms, we grant you a limited, non‑exclusive, non‑transferable right to use the Service during your subscription. You retain ownership of your data and content; you grant us the rights necessary to operate and provide the Service.

9. Warranties and disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant that the Service will be uninterrupted, error‑free, or that it will meet any legal or regulatory requirement applicable to your business.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our aggregate liability arising out of or relating to the Service will not exceed the amounts you paid to us for the Service in the twelve months before the event giving rise to the claim.

11. Indemnification

You will defend and indemnify us against claims arising from your use of the Service in violation of these Terms or applicable law, including claims relating to the disclosures, consents, or data you deploy or collect.

12. Term and termination

These Terms apply while you use the Service. Either party may terminate as described in your order or plan. On termination, your right to use the Service ends. We will make your certificates available for export for a reasonable period as described in your plan, after which we may delete data in the ordinary course, subject to any retention you have separately arranged.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted here with an updated date and, where appropriate, communicated to you. Your continued use of the Service after changes take effect constitutes acceptance.

14. Governing law

These Terms are governed by the laws of the jurisdiction in which Represent Digital LLC is organized, without regard to conflict‑of‑laws rules, and the courts of that jurisdiction have exclusive jurisdiction, except where mandatory law provides otherwise.

15. Contact

Questions about these Terms can be sent to legal@getcarbon.io.