General Terms of Use

1.1 ConsentMonitor is a service published by Tagstack, a French simplified joint-stock company (SASU) with a share capital of 100 €, with its registered office at 17 rue Paul Bert, 94160, Saint-Mandé (France). Tagstack is registered with the Trade and Companies Registry of Créteil under SIREN number 100419340, VAT Number: FR88100419340

1.2 Tagstack publishes and markets ConsentMonitor directly through its website.

2.1 ConsentMonitor is an automated monitoring tool that analyses its users' websites in order to detect potential anomalies related to the placement of cookies and trackers, before and after collecting end-user consent.

2.2 ConsentMonitor operates in "Software as a Service" (SaaS) mode: it is hosted remotely and accessible via a web browser. Updates are deployed centrally for all users.

2.3 ConsentMonitor performs automated checks at specific points in time. Each check constitutes a snapshot of the website's state at the time of the inspection. The results presented are of a purely informational and technical nature.

3.2 Reports generated by ConsentMonitor are for informational purposes only. They do not replace the analysis of a legal professional specialising in data protection. The User remains solely responsible for interpreting the results and for any corrective actions they choose to implement or not.

3.3 ConsentMonitor does not guarantee exhaustive detection of all trackers, cookies, or network requests present on the User's website. Certain elements may escape automated detection due to their dynamic nature, variable loading conditions, the geolocation of our verification servers, or any other technical limitation inherent to an automated system.

3.4 ConsentMonitor does not provide legal advice. Tagstack is not a law firm and cannot substitute for qualified legal counsel.

3.5 The User is solely responsible for configuring ConsentMonitor (monitored pages, check frequency, alert interpretation) and for ensuring compliance with applicable regulations.

4.1 ConsentMonitor is reserved for professionals, businesses, and associations acting within the scope of their professional activity.

4.2 By accepting these GTU, you declare that you are subscribing to ConsentMonitor for professional purposes, including if subscribing on behalf of another professional.

4.3 You therefore waive the right to invoke consumer protection rules in the event of disputes with Tagstack.

5.1 These GTU define the terms of use of the ConsentMonitor service and the reciprocal obligations between the User and Tagstack.

5.2 Using ConsentMonitor requires prior, full, and unconditional acceptance of these GTU. If you do not accept any of these terms, you must not use ConsentMonitor.

5.3 By accepting the GTU, you enter into a contract with Tagstack SASU. Any person who accepts or approves modifications to the GTU is presumed to have the authority to bind the client entity.

6.1 Unless otherwise agreed, applicable rates are those indicated in the "Pricing" section of our website. Prices are quoted exclusive of tax.

6.2 Our rates and offers may change. You will be informed of any changes by email with reasonable notice.

6.3 By default, you continue to benefit from the originally subscribed offer. Changing to a different offer requires a request on your part.

7.6 Cancellation of a subscription for convenience before its expiry does not entitle the User to a refund of fees already paid.

7.7 Cancellation requests must be sent by email to the address indicated on our website.

8.1 ConsentMonitor may offer a free tier with limited features. These GTU also apply to free tier users.

8.2 Tagstack reserves the right to modify or discontinue the free tier at any time, subject to reasonable notice to affected users.

9.1 Tagstack may modify these GTU during the subscription period. The User will be notified by email with a minimum of thirty (30) days' notice.

9.2 By continuing to use ConsentMonitor after receiving this notification, the User is deemed to have accepted the modifications.

9.3 If the User rejects the modifications, they may cancel their subscription. Tagstack will refund on a pro-rata basis the amounts corresponding to the unused subscription period, within one month of effective cancellation.

10.1 ConsentMonitor is accessible via the Internet. The User is responsible for all costs related to their connection.

10.2 Using ConsentMonitor requires creating an account. The information provided must be accurate and kept up to date.

10.3 Tagstack reserves the right to refuse or delete any account whose activity is contrary to the law, public order, or morality, without any compensation being owed.

11.1 For the duration of your subscription, you have a non-exclusive, non-transferable right to use ConsentMonitor.

11.2 You may not assign or sublicense your subscription to any third party without Tagstack's prior express consent.

11.3 If you subscribe on behalf of a third party, you are jointly and severally liable for those users' compliance with these GTU.

12.1 The User shall not modify, disassemble, decompile, or reverse-engineer any part of ConsentMonitor.

12.2 Any use of ConsentMonitor for purposes contrary to law is strictly prohibited.

12.3 The User shall not use ConsentMonitor results for malicious activities, extortion, or unfair competition against third parties.

12.4 Tagstack owns all intellectual property rights relating to ConsentMonitor, including the software, databases, interfaces, and documentation.

13.1 Tagstack provides corrective and evolutionary maintenance for ConsentMonitor.

13.2 ConsentMonitor operation may be interrupted for maintenance purposes. These interventions are carried out as much as possible outside business hours.

13.3 By accepting these GTU, the User waives Tagstack's liability for unavailability during maintenance periods. No discount is granted for these periods.

14.4 Statute of limitations. In accordance with Article 2254 of the French Civil Code, no legal action may be brought by either party after a period of one (1) year from the occurrence of the event giving rise to the dispute.

14.5 Force majeure. In accordance with Article 1218 of the French Civil Code, no party shall be held liable for failure to perform its obligations due to force majeure.

14.6 Tagstack's liability is entirely excluded in the following cases:

• a) Failure, suspension, or slowdown of networks used to operate ConsentMonitor;
• b) Failure of ConsentMonitor's hosting provider;
• c) Use of ConsentMonitor not in accordance with its intended purpose or documentation;
• d) Modification or attempted modification of ConsentMonitor by the User or a third party;
• e) When damage is caused by the User's failure to fulfil their own contractual obligations;
• f) Deliberate acts of malice, sabotage, terrorism, or war not attributable to Tagstack;
• g) When the User fails to act upon alerts or recommendations generated by ConsentMonitor;
• h) When the configuration chosen by the User (monitored pages, domains, frequency) does not reflect the reality of their website;
• i) For any failure to detect a tracker, cookie, or network request, ConsentMonitor being an automated detection tool without any guarantee of exhaustiveness.

15.2 The User is solely responsible for verifying that their use of ConsentMonitor and the interpretation of results comply with applicable legal requirements.

15.3 The User acknowledges that data protection regulations vary by country and jurisdiction. It is their responsibility to ensure that their use of ConsentMonitor is appropriate for their geographic and legal situation.

16.1 In providing the service, Tagstack may collect certain personal data about users, their representatives, and employees, for purposes of managing the contractual relationship, billing, service improvement, and compliance with legal obligations.

16.2 Regarding data collected during website checks: ConsentMonitor records only cookie names (without their values), domain names and paths of network requests (without URL parameters, request bodies, or transmitted cookies), and screenshots of monitored pages. ConsentMonitor does not store any personal data of end users visiting the User's websites.

16.3 Tagstack acts as data controller for User account data. For technical data collected during checks, Tagstack acts as data processor within the meaning of Article 28 of the GDPR. A Data Processing Agreement (DPA) is available upon request.

16.4 For more information about the processing of your personal data and your rights, please refer to our privacy policy available on our website.

17.1 Use of the service is invoiced in accordance with the rates indicated on the website in the "Pricing" section.

17.2 In the event of non-payment by the agreed date, Tagstack will apply late payment penalties equal to three times the legal interest rate, without prior formal notice (Article L.441-10 of the French Commercial Code).

17.3 Non-payment of an invoice on its due date renders all sums owed immediately payable. If payment is not settled within fifteen (15) days following an email reminder, services will be automatically suspended.

17.4 The User may be required to pay a fixed indemnity for collection costs in accordance with Article D.441-5 of the French Commercial Code.

18.1 In the event of a breach by either party of its obligations, the other party may send a formal notice to remedy the situation by registered letter with acknowledgement of receipt, specifying the nature of the breach and the deadline for remedying it.

18.2 If the defaulting party has not complied within ten (10) days from the sending of the formal notice, the other party may then unilaterally terminate the contract by registered letter with acknowledgement of receipt.

19.1 The parties agree to treat as strictly confidential all information they disclose to each other in the performance of the contract.

19.2 Confidential information remains the property of the disclosing party.

19.3 Confidentiality obligations survive the expiry of the contract for a period of two (2) years.

21.1 Exchanges by email between the parties shall be considered as proof.

21.2 The nullity of any provision of these GTU does not affect the validity of the other provisions.

21.3 By accepting these GTU, you authorise Tagstack to mention your use of ConsentMonitor in its commercial communications, unless you object.

22.1 Neither party shall be liable for the non-performance of its obligations if and insofar as such non-performance is the direct result of force majeure.

22.2 The party suffering from force majeure shall inform the other party as soon as possible.

22.3 If force majeure persists for more than fifteen (15) consecutive days, the creditor party may terminate the contract with immediate effect by registered letter with acknowledgement of receipt, without compensation.

23.1 These GTU are governed by French law.

23.2 Any dispute relating to the validity, interpretation, or performance of these GTU shall be submitted to the exclusive jurisdiction of the courts within the jurisdiction of the Cour d'Appel of Créteil.

23.3 In the event of a dispute, the parties agree to attempt an amicable settlement. If no agreement is reached within thirty (30) days, the parties shall be free to take legal action.

24.1 These GTU may be translated into languages other than French.

24.2 In the event of any discrepancy between the French version and any translated version, the French version shall prevail.