Terms & Conditions

Effective as of January 1, 2025 | Last Updated: April 1, 2026

Welcome to eConsent

These Terms of Service (“Terms”) govern your access to and use of websites, applications, APIs, and services provided by eConsent LLC (“eConsent”, “we”, “us”, or “our”), including but not limited to consent recording, certificate generation, session replay, Meta Lead Ad certification, webhook delivery, and verification APIs (collectively, the “Services”). By accepting these Terms or using the Services, you agree to be bound by them.

Eligibility

You must be at least 18 years old to use the Services. If you are accessing the Services on behalf of a business or other entity, you represent that you have the authority to bind that entity to these Terms.

Account Registration and Security

Registration requires accurate and complete account information, maintained with prompt updates. You are responsible for safeguarding your account credentials and for all activity under your account. You must notify eConsent immediately of any unauthorized access. eConsent is not liable for losses resulting from unauthorized use of your account.

By creating an account, you consent to receive electronic communications from eConsent, including account notifications, transactional emails, service updates, and billing communications.

Description of Services

Consent Recording and Certificates

eConsent provides technology that records consumer interactions on web forms using session replay technology and generates digital consent certificates. These certificates document:

• The consent language and disclosures displayed to the consumer
• The consumer’s interactions with the form (clicks, inputs, scroll behavior)
• Technical metadata (IP address, browser, device, timestamp, geolocation)
• A cryptographic hash for tamper verification

Certificates serve as documentary evidence of the consent event and may be used by Customers in support of TCPA compliance efforts.

Meta Lead Ad Certificates

eConsent retrieves lead data and form definitions from Meta’s Graph API when Customers connect their Facebook Pages. We generate consent certificates documenting the lead form interaction, including the form questions, consumer responses, consent language, custom disclaimer checkbox states, and ad attribution data.

Session Replay

Session replays provide a visual recreation of the consumer’s form interaction. For web-based sessions, replays are generated from recorded DOM mutations and user events. For Meta Lead Ad sessions, replays are reconstructed from the form definition and submitted field data.

Webhook Delivery

eConsent delivers event notifications to Customer-configured HTTP endpoints. Webhook payloads are signed with HMAC-SHA256 for verification. Customers may configure field mappings and static values for outbound webhook payloads.

Verification APIs

Customers may programmatically verify the existence, validity, and integrity of consent certificates through our APIs.

Customer Responsibilities

Regulatory Compliance

You bear full responsibility for ensuring that your data collection practices, form designs, consent language, and marketing activities comply with all applicable laws, including federal and state telemarketing regulations, privacy laws, and industry-specific requirements.

eConsent is a technology platform, not a law firm or compliance consultancy. Nothing in the Services, documentation, certificates, or communications from eConsent constitutes legal advice or a legal opinion. A consent certificate is a record of what occurred during a form interaction — it is not a determination that the recorded consent meets the requirements of any particular statute, regulation, or legal standard. You should rely on qualified legal counsel for compliance guidance.

Your Forms and Consent Language

The design of your forms, the wording of your disclosures, and the configuration of your opt-in mechanisms are entirely within your control. eConsent records what is presented and what the consumer does — we do not draft, review, validate, or endorse the consent language displayed on your forms or lead generation campaigns.

Privacy Policy Disclosure

If you implement eConsent’s session recording technology on your website, your privacy policy must clearly and conspicuously disclose:

• The use of third-party session recording and tracking technology
• That consumer interactions with your website forms may be recorded
• That recordings and associated data may be shared with service providers for consent verification purposes
• A reference to eConsent’s Privacy Policy or a description of how consent data is processed

Failure to provide adequate disclosure may result in suspension of your account and is solely your responsibility.

Data Collection Scope

eConsent follows a data minimization approach. By default, the Services collect only the personally identifiable information (PII) necessary for TCPA consent verification — specifically name, email address, phone number, and address.

Customers may expand the scope of data captured by whitelisting additional form fields through their property configuration. Any data captured beyond standard PII fields is collected because the Customer has explicitly opted to include those fields. eConsent does not capture non-whitelisted form field data unless the Customer enables it.

eConsent’s session recording technology applies automatic masking to password fields by default. Customers may configure additional field masking for any input they choose. You are responsible for reviewing and configuring which fields are captured and which are masked or excluded.

eConsent reserves the right to automatically purge non-PII form data after a configurable retention period as part of data minimization practices. PII data necessary for consent verification is retained according to the Customer’s plan and retention settings.

Meta Lead Ad Integration

If you use eConsent’s Meta Lead Ad integration, you are responsible for:

• Maintaining a valid and compliant Facebook Page and ad account
• Ensuring your Lead Ad forms contain compliant TCPA consent language and custom disclaimers
• Complying with Meta’s Platform Terms, Advertising Policies, and Lead Ads Terms
• Maintaining valid access tokens (long-lived tokens expire after 60 days)

eConsent is not responsible for changes to Meta’s APIs, policies, or terms that may affect the functionality of the integration.

No Guarantee of Recording

eConsent uses commercially reasonable efforts to capture and record consent interactions. However, due to the inherent nature of web technologies, we cannot guarantee that:

• Every session will be successfully recorded
• Every recording will be complete or free of technical artifacts
• Session recordings will capture all page content in all browsers and devices
• Meta Lead Ad data will be available for retrieval in all cases

Factors that may affect recording completeness include but are not limited to: browser extensions (ad blockers, privacy tools), network interruptions, JavaScript errors, browser compatibility, device limitations, consumer behavior (closing the page before recording initializes), and third-party script conflicts.

eConsent shall not be liable for any sessions that fail to record, for incomplete recordings, or for any legal consequences arising from the absence of a recording.

Certificate Validity and Retention

Certificate Integrity

Each consent certificate includes a SHA-256 cryptographic hash of its payload. This hash provides a mechanism to detect whether certificate data has been modified after issuance.

Retention

Certificates are retained according to your subscription plan and configured retention settings. Long-term archival storage uses write-once compliance controls with a maximum retention of seven (7) years. Once a certificate’s retention period expires and it is deleted, it cannot be recovered.

What a Certificate Is and Is Not

A consent certificate is a factual record of a consent interaction as captured by our technology. It documents what was displayed, what was entered, and when it happened.

A certificate is not:

• A legal determination that the documented consent satisfies any law or regulation
• A substitute for legal counsel’s assessment of your compliance posture
• An identity verification of the individual who interacted with the form
• A guarantee that the recording is complete or captured every element of the page

Prohibited Activities

You may not:

• Use the Services for any unlawful purpose
• Create fraudulent consent records or alter the contents of issued certificates
• Attempt to bypass, defeat, or manipulate the integrity verification mechanisms of the Services
• Interfere with or disrupt the Services or servers
• Use automated tools to scrape, crawl, or extract data from the Services
• Impersonate any person or entity
• Use another user’s account without authorization
• Resell, sublicense, or redistribute the Services without written authorization
• Submit test or fraudulent data intended to inflate usage metrics

Intellectual Property

All content, features, and functionality of the Services, including text, graphics, logos, software, APIs, and documentation, are the exclusive property of eConsent LLC or its licensors and are protected by United States and international intellectual property laws.

Fees and Payment

Services are provided on a subscription basis as specified in your plan. Fees are billed monthly unless otherwise agreed. You are responsible for all applicable taxes. Late payments may result in service suspension. Usage-based charges (API calls, verifications, integrations) are billed according to your plan’s rate schedule.

eConsent reserves the right to modify pricing with 30 days advance notice. Continued use after the effective date of a pricing change constitutes acceptance.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

ECONSENT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ECONSENT DOES NOT GUARANTEE ANY SPECIFIC LEGAL OUTCOME, REGULATORY COMPLIANCE RESULT, OR LITIGATION DEFENSE FROM THE USE OF ITS SERVICES.

ECONSENT SPECIFICALLY DISCLAIMS ANY LIABILITY WITH RESPECT TO THE SUFFICIENCY OR LEGAL ADEQUACY OF ANY CONSENT LANGUAGE, FORM DESIGN, OR DATA COLLECTION PRACTICE IMPLEMENTED BY CUSTOMERS.

Limitation of Liability

IN NO EVENT WILL ECONSENT OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER ECONSENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ECONSENT’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO ECONSENT DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, AND OTHER TORTS.

Indemnification

You agree to indemnify, defend, and hold harmless eConsent LLC and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your failure to provide adequate privacy disclosures regarding session recording
• The consent language or data collection practices implemented on your forms
• Any claim by a consumer or regulatory body related to your use of the Services

Release

You release eConsent and its related parties from all liability, claims, and damages arising from disputes between you and any third party, including consumers, regulatory bodies, and business partners, related to your use of the Services.

Dispute Resolution and Binding Arbitration

Any dispute arising out of or relating to these Terms or the Services shall be resolved through confidential binding arbitration held in San Diego, California, in accordance with the Streamlined Arbitration Rules and Procedures of JAMS (Judicial Arbitration and Mediation Services).

CLASS ACTION WAIVER: You agree to resolve disputes on an individual basis only. Class actions, class arbitrations, representative actions, and consolidated actions are prohibited.

You may opt out of this arbitration provision within 30 days of accepting these Terms by sending written notice to support@econsent.org.

Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Termination

Either party may terminate the subscription with 30 days written notice. eConsent reserves the right to suspend or terminate access to the Services immediately, with or without cause and with or without notice, for violations of these Terms.

Upon termination:

• Access to the Services will cease
• Certificates retained in long-term storage remain accessible for the duration of their retention period
• We may delete non-archived data after a reasonable period
• Fees incurred prior to termination remain due and payable

Changes to Terms

eConsent may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website or by email. Continued use of the Services after notification constitutes acceptance.

Severability

If any provision of these Terms is found unlawful, void, or unenforceable, that provision shall be severable and shall not affect the validity of the remaining provisions.

Entire Agreement

These Terms, together with the Privacy Policy, any Order Forms, Data Processing Addenda, and other agreements expressly incorporated by reference, constitute the entire agreement between you and eConsent LLC regarding the Services.

Contact Us

eConsent LLC 1637 East Valley Parkway #237 Escondido, California 92027

Email: support@econsent.org