Effective Date: 2026-04-22
Acceptance of Terms
By creating an account, accessing, or using Custodia's services, you agree to be bound by these Terms of Service and our Privacy Policy. If you are using our services on behalf of a company or other organization, you represent that you have the authority to bind that entity to these terms.
If you do not agree to these terms, you may not use our services.
Description of Service
Custodia provides privacy compliance tools for businesses, including:
- Automated scanning of websites to identify privacy compliance issues
- AI-generated privacy policies and cookie consent banners
- Data Subject Access Request (DSAR) intake portals
- Compliance dashboards to track privacy-related activities
Our services are designed to help small and medium-sized businesses manage privacy compliance requirements like GDPR, CCPA, and CPRA. We provide tools and information, but we do not provide legal advice or guarantee compliance with any laws or regulations.
Accounts and Eligibility
You must be at least 18 years old to use our services. By creating an account, you represent that you meet this age requirement.
You agree to provide accurate, current, and complete information when creating your account and to keep this information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must notify us immediately if you become aware of any unauthorized use of your account or any other security breach.
Subscriptions, Billing, and Cancellation
We offer a free tier and paid subscription plans at $29, $79, and $149 per month. All billing is processed through Stripe.
Paid subscriptions automatically renew each month unless you cancel. You can cancel your subscription at any time through the Stripe Customer Portal accessible from your account dashboard. Cancellation takes effect at the end of your current billing period.
We do not provide refunds for partial months of service. If you have an annual subscription and cancel early, you will receive a pro-rated refund for the unused portion.
We may change our pricing with 30 days' notice to existing subscribers. Price changes will take effect at the start of your next billing cycle after the notice period.
If your payment fails, we may suspend your account until payment is resolved. We may terminate accounts with overdue payments after reasonable notice.
Acceptable Use
You may only use our services for lawful purposes and in accordance with these terms. You agree not to:
- Use our services to scan websites that you do not own or do not have explicit permission to scan
- Attempt to reverse engineer, decompile, or extract the source code of our services
- Use our services in any way that could damage, disable, overburden, or impair our systems
- Attempt to gain unauthorized access to our services or systems
- Use our services to transmit malware, spam, or other harmful content
- Violate any applicable laws or regulations while using our services
We reserve the right to investigate and take appropriate action against users who violate these terms, including suspending or terminating accounts.
Customer Content and Data
You retain ownership of all content and data you provide to our services, including website information, scan configurations, and any custom content you create.
By using our services, you grant us a limited license to access, process, and store your content solely to provide our services to you. This includes scanning websites you specify, generating privacy policies based on your inputs, and storing compliance data in your dashboard.
We handle your data in accordance with our Privacy Policy. We do not access, use, or share your data except as necessary to provide our services or as required by law.
When your account is terminated or closed, we will delete your data within 30 days, except as required for legal compliance, dispute resolution, or enforcing these terms.
AI-Generated Content Disclaimer
Our AI-powered tools generate privacy policies, cookie consent banners, and other compliance content based on information you provide. This generated content is a starting point and does not constitute legal advice.
You are solely responsible for reviewing, customizing, and ensuring the accuracy and legal sufficiency of any AI-generated content before publishing or using it. We strongly recommend consulting with qualified legal counsel before implementing any privacy policies or compliance measures.
The AI-generated content may not address all legal requirements applicable to your specific business or jurisdiction. Laws and regulations change frequently, and our tools may not reflect the most current requirements.
We make no representations or warranties about the accuracy, completeness, or legal sufficiency of AI-generated content.
Third-Party Services
We use third-party services to operate our platform:
- Stripe processes all billing and payment transactions
- Anthropic provides AI capabilities for content generation
- Amazon Web Services (AWS) hosts our infrastructure and data
These third parties may have access to certain data as necessary to provide their services. We select service providers that maintain appropriate security and privacy protections, but we are not responsible for their practices or policies.
You can review our current list of subprocessors in our Privacy Policy.
Service Availability
We strive to maintain high availability of our services, but we do not guarantee uninterrupted access. Our services may be temporarily unavailable due to maintenance, updates, or technical issues.
We do not currently offer formal service level agreements (SLAs) for any tier of service, including paid plans.
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice when possible. We may also impose limits on certain features or restrict access to parts of our services without notice.
Termination
You may terminate your account at any time by canceling your subscription through the Stripe Customer Portal and ceasing to use our services.
We may terminate your account or access to our services at any time, with or without cause, but we will provide reasonable notice when possible.
We may immediately terminate accounts that violate these terms, engage in fraudulent activity, or pose security risks to our services or other users.
Upon termination, your access to our services will cease, and we will delete your data in accordance with our data retention policies.
Disclaimers and Limitation of Liability
OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that our services will meet your requirements, operate without interruption, or be error-free. We do not guarantee that our tools will ensure compliance with any privacy laws or regulations.
Our services are not a substitute for legal advice. You remain solely responsible for your privacy compliance obligations and any consequences of non-compliance.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU IS LIMITED TO THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY.
WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.
Some jurisdictions do not allow certain warranty disclaimers or liability limitations, so these may not apply to you.
Indemnification
You agree to indemnify, defend, and hold harmless Custodia Privacy Consulting SAGL and its officers, directors, employees, and agents from any claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of our services
- Your violation of these terms
- Your violation of any law or regulation
- Any content you provide or generate using our services
- Any claim that your use of our services infringes third-party rights
This indemnification obligation survives termination of these terms.
Changes to Terms
We may modify these terms at any time. We will provide at least 30 days' notice of material changes by email or through our services.
Your continued use of our services after changes take effect constitutes acceptance of the new terms. If you do not agree to the changes, you should stop using our services and cancel your account.
Governing Law and Dispute Resolution
These terms are governed by the laws of Switzerland, without regard to conflict of law principles. Any disputes arising under these terms will be resolved in the competent courts of Switzerland.
If any provision of these terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
Contact
If you have questions about these terms, please contact us at [email protected].
These terms constitute the entire agreement between you and Custodia Privacy Consulting SAGL regarding our services and supersede any prior agreements or understandings.