Terms & Conditions – Paul Okeeffe

AGREEMENT TO TERMS

We are Paul Okeeffe, doing business as Paul Okeeffe (“Paul Okeeffe,” “we,” “us,” or “our”). We operate the website https://paulokeeffe.org (the “Website”) through which we provide you our services, (collectively, the “Services” which include the provision and use of the Website).

You can contact us by email at info@paulokeeffe.org, or by post to Paul Okeeffe, [Add your mailing address here].

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Paul Okeeffe concerning your access to and use of the Website and the Services. You agree that by accessing the Services, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed as each time you access the Services, you will be subject to, and will be deemed to have been made aware of and to have accepted, the then applicable Terms of Use.

The Services are intended for business users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

OUR WEBSITE AND SERVICES

We are not lawyers nor a law firm, but we help you with compliance in relation to your privacy and contractual obligations. We provide you a software (the “Software”), that you access remotely via the cloud, that you can use for (a) consent management (“Consent Platform”); and (b) the generation of policies, legal agreements, disclaimers, and other documents generated by the Services using information related to your business or organization that you enter into the Software (collectively “Forms”).

The information, Consent Platform, and Forms provided when using the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (including Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use these Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Using Paul Okeeffe’s Forms
You may use any Forms generated by the Software through your use of our generator(s) for your business or organization. It is your responsibility to determine whether the Forms generated by the Software are appropriate for your use. From time to time, we may notify you that a particular Form may need to be updated in response to changes in applicable laws or other guidance, rules or regulations, and you are responsible for determining whether to update the Forms used in your business or organization.

WE DO NOT REPRESENT THAT THE FORMS WILL MEET YOUR SPECIFIC GOALS, PROTECT YOUR SPECIFIC INTERESTS, OR WITHSTAND CHALLENGES TO THEIR LEGAL OR FACTUAL SUFFICIENCY. THE FORMS ARE NOT PROVIDED WITH ANY GUARANTY, WARRANTY, OR REPRESENTATION AS TO QUALITY OR SUITABILITY FOR ANY PARTICULAR PURPOSE. The Forms are general in nature and may not be sufficient to protect you against a specific risk, problem or dispute. Our software’s generation of a Form does not constitute the practice of law and is not legal counsel or advice. You should not rely on a Form as a substitute for consultation with an attorney.

Using Paul Okeeffe’s Consent Platform
If you use the Consent Platform, you may access features designed to track and monitor consents given or withdrawn by the users of your website(s) with regard to cookies or similar tracking technology used on such website(s).

PAUL OKEEFFE IS NOT LIABLE FOR YOUR FAILURE TO DISABLE OR REMOVE COOKIES IF YOUR USERS DO NOT CONSENT TO THEIR USE.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we retain all right, title, and interest in and to the Software and the Website, including without limitation all graphics, user interfaces, databases, functionality, software, website designs, audio, video, text, photographs, graphics, logos, and trademarks or service marks reproduced through the System. These Terms of Use do not grant you any intellectual property license or rights in or to the Software and the Website or any of its components, except to the limited extent that these Terms of Use specifically sets forth your license rights to it. You recognize that the Software and the Website and their components are protected by copyright and other laws.

Conditioned upon your compliance with these Terms of Use and, if applicable, your payment of the Subscription Fees, we grant you the rights to reproduce, modify, and publicly display the Forms and use the Consent Platform (“Content”) on your website or mobile application. In addition, as to a Form intended to serve as a legal agreement between you and a counterparty, we grant you the right to distribute that Form to the counterparty to the extent reasonably necessary for your counterparty to execute the agreement. Under no circumstances may you use the Forms and Consent Platform for commercial purposes other than to facilitate compliance with applicable laws and best practices or the execution of agreements by your own business or organization. The Forms and the Consent Platform generated by the Software are licensed, not sold, and you receive no title to or ownership of the Forms or the Consent Platform.

You and Paul Okeeffe agree that none of the Feedback you or your users provide to us constitute confidential information, and nothing in these Terms of Use or in our dealings arising out of or related to subject matter of these Terms of Use will restrict our right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting you or the user in question. You hereby grant us a perpetual, irrevocable right and license to exploit the Feedback in any and every way and subject to applicable law waive any moral rights in such Feedback. Feedback will not constitute your confidential information. (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Paul Okeeffe’s products or services.)

USER REPRESENTATIONS

By using the Services, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Use;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
(6) you will not use the Services for any illegal or unauthorized purpose; and
(7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

USER REGISTRATION

You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

FEES AND PAYMENT

Paul Okeeffe offers free and paid account options. You can create a free account (“Free Account”) without providing any credit card information, but your access to our Website’s features will be limited. Depending on your needs, you may want to access more or all of Paul Okeeffe’s Services by creating or upgrading to a paid account (“Paid Account”). You can create or upgrade to a Paid Account by signing up for one of Paul Okeeffe’s subscription plans (“Subscription Plans” and each a “Subscription”).

You can find information about our pricing options and available Subscription Plans on our Website.

Fees for Subscriptions (“Subscription Fees”) shall be based on the length of your Subscription (“Subscription Period”). All Subscriptions will auto-renew at the end of the then Subscription Period.

We bill you for all initial and recurring Subscription Fees through an online billing account and you agree to provide (and keep updated) current, complete, and accurate purchase and account information including email address, payment method, and payment card expiration date, so that we can process your payments and contact you as needed.

Our prices may be updated from time to time so please make sure that you check our current Subscription Fees before placing your order. All payments shall be in USD, EUR, or GBP.

Accepted Forms of Payment
We accept Visa, Mastercard, American Express, Discover, and any other Stripe supported card brands.

You agree to pay all charges or fees at the prices then in effect for your Subscription, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your Subscription is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation in accordance with the cancellation information described in this section below.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services. In such case we will notify you by email and refund you any Subscription Fees that you have paid.

Sales Tax
Sales tax will be added to the price of purchases as deemed required by us. Amounts due under these Terms of Use are payable to us without deduction and are net of any tax, tariff, duty, or assessment imposed by any government authority (national, state, provincial, or local), including without limitation any sales, use, excise, ad valorem, property, withholding, or value-added tax, whether or not withheld at the source (“Sales Tax”). Except as forbidden by applicable law, we may require that you submit applicable Sales Taxes to us. The preceding sentence does not apply if you are tax exempt and give us a valid tax exemption certificate within thirty (30) days of the start of your Subscription. Our failure to include any applicable tax in an invoice will not waive rights or obligations under this Section. If applicable law requires withholding or deduction of Sales Taxes, you shall separately pay us the withheld or deducted amount, over and above fees due. This Section does not govern taxes based on our net income.

Account Upgrades, Downgrades, and Cancellations
If you created a Free Account but want to upgrade to a Paid Account, your upgrade will occur immediately upon payment of the relevant Subscription Fees and your Subscription Period will run from the date of your upgrade.

If you created or upgraded to a Paid Account, and you want to:

Upgrade to a different Subscription Plan: Your upgrade will occur immediately at a prorated rate upon payment of the price difference for the remainder of your Subscription Period.
Cancel your Subscription Plan and/or downgrade your Subscription: Your downgrade will take place following the end of your current Subscription Period.

PLEASE NOTE THAT WHEN YOU DOWNGRADE YOUR ACCOUNT, YOU WILL ONLY BE ABLE TO ACCESS THE SERVICES AVAILABLE WITHIN YOUR NEW SUBSCRIPTION PLAN, AND THEREFORE YOU MAY LOSE ACCESS TO ANY ADDITIONAL FORMS OR ANY PREMIUM CONSENT PLATFORM FEATURES CREATED OR AVAILABLE THROUGH YOUR PREVIOUS SUBSCRIPTION PLAN.

How to Cancel a Subscription Plan
You can cancel your Subscription Plan at any time by logging into your account or contacting us using the contact information provided above. Your cancellation will take effect at the end of your current Subscription Period.

Except as stated in this Section, we will not be required to refund Subscription Fees under any circumstances.

If you are unsatisfied with our services, please email us at info@paulokeeffe.org.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data, Forms, or other Content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users for unsolicited email or creating accounts by automated means or false pretenses.
Use a buying or purchasing agent for transactions on the Services.
Use the Services to advertise or sell goods and services.
Circumvent, disable, or interfere with security-related features.
Engage in unauthorized framing of or linking to the Services.
Trick, defraud, or mislead us or other users.
Make improper use of support services or submit false reports.
Engage in any automated use (scripts, data mining, bots).
Interfere with, disrupt, or burden the Services or connected networks.
Attempt impersonation or use another’s username.
Sell or transfer your account.
Use information obtained to harass, abuse, or harm others.
Use the Services to compete with us in a revenue-generating endeavor.
Decipher, decompile, disassemble, or reverse engineer any software.
Attempt to bypass restrictions to access Services.
Harass, intimidate, or threaten employees or agents.
Delete copyright or proprietary rights notices.
Copy or adapt the Software (Flash, PHP, HTML, JavaScript, etc.).
Upload or transmit viruses, malicious code, or spam.
Upload or transmit any material acting as passive or active information collection mechanisms.
Use, launch, or distribute any automated system (without authorization).
Disparage or harm Paul Okeeffe, the Software, Website, or Services.
Use the Services inconsistently with laws or regulations.

THIRD-PARTY WEBSITES AND CONTENT

The Services may contain links to other websites (“Third-Party Websites”) and content belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites or Content accessed through the Services. Inclusion does not imply approval or endorsement by us. If you leave the Services, you do so at your own risk.

Review the applicable terms and privacy policies of any third-party websites you visit. We are not responsible for your purchases or interactions with third parties.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor the Services for violations;
Take legal action against violators;
Refuse, restrict, limit, or disable contributions;
Remove or disable excessive files;
Charge additional fees for excessive usage;
Set usage thresholds for “unlimited” plans;
Move users to more appropriate plans if usage exceeds parameters;
Suspend or restrict access if usage impacts service quality;
Otherwise manage the Services to ensure proper functioning.

FAIR USAGE POLICY FOR UNLIMITED PLANS

Our “unlimited” plans are subject to Fair Usage Policy for normal business use. Usage patterns are monitored for service quality and stability.

If your usage significantly exceeds normal, we may:

Contact you regarding optimization;
Apply additional charges;
Offer migration to a suitable plan;
Temporarily restrict access;
Suspend in extreme cases.

We provide notice and work with you for solutions.

PRIVACY NOTICE

We care about data privacy and security. Please review our Privacy Notice to understand our use of your personal information. By using these Services, you agree to data transfer and processing in the United States.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY

If you believe material on the Services infringes your copyright, notify us using the info at the end of this page. Notifications must meet DMCA requirements.

Counter notifications can also be made if your material was removed by mistake. Details and requirements are listed above.

Designated Copyright Agent
Paul Okeeffe
[Add appropriate address and contact email here]

TERM AND TERMINATION

These Terms remain in effect while you use the Services. We may deny access, terminate accounts, or delete content if you breach these Terms, our Acceptable Use Policy, or applicable law. Termination includes banning account creation under other names. We may pursue legal action if necessary.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, update, or suspend any part of the Services at any time. We are not liable for any loss or inconvenience due to downtime or discontinuance.

GOVERNING LAW

These Terms and your use of the Services are governed by the laws of [insert applicable jurisdiction, e.g., United Kingdom or Ireland], without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations:
To resolve disputes, we agree to attempt informal negotiations for 30 days before pursuing formal resolution.

Binding Arbitration (update this section based on your local law):
If informal negotiations fail, disputes may be resolved by binding arbitration according to applicable rules. For disputes outside [insert country], you agree to exclusive jurisdiction of applicable courts.

CORRECTIONS
Information on the Services may contain errors, inaccuracies, or omissions. We reserve the right to correct any errors and update information at any time.

DISCLAIMER
The Services are provided “AS-IS.” You agree your use is at your sole risk. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

LIMITATIONS OF LIABILITY
In no event will Paul Okeeffe or related parties be liable for indirect or consequential damages. Our liability to you will at all times be limited to the lesser of (A) the amounts paid by you in the previous six (6) months and (B) the sum of US$100.

INDEMNIFICATION
You agree to defend, indemnify, and hold Paul Okeeffe harmless for any loss, liability, claim, or demand from your use of the Services or breach of these Terms.

USER DATA
We maintain certain data for performance of the Services. You are responsible for backing up all your own data and waive claims against us for any data loss.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Using the site, sending emails, and completing forms constitutes electronic communication. You agree to electronic delivery and records.

OTHER IMPORTANT INFORMATION
These Terms and any policies posted here are the entire agreement. Waiver of any right does not affect others. We may assign our rights and obligations at any time.

If any provision is unlawful or unenforceable, the remainder of the Terms remain in effect.

We are independent contractors. These Terms are not to be construed in favor of or against either party due to authorship.

Notices related to these Terms will be sent to the email address you provide and deemed received within 24 hours. Notices to us should be sent to info@paulokeeffe.org.