Terms & Conditions

Effective as of January 1, 2025 | Last Updated: April 6, 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

Each certificate includes a SHA-256 cryptographic attestation hash that binds together all evidence components — the session recording, extracted consent language, form data, and technical metadata — into a single tamper-evident record. These attestation hashes are not digital signatures; they are one-way cryptographic hashes used to verify that no component of the certificate has been altered after issuance.

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.

MP4 Video Conversion

Session recordings may be converted to MP4 video format for long-term archival and portability. Video conversion is performed server-side using open-source tools (FFmpeg and Playwright) running entirely within our AWS infrastructure. No recording data is transmitted to external services during the conversion process. MP4 files are subject to the same retention policies and integrity controls as the underlying session recordings.

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.

FCC 10-Day Opt-Out Compliance

Under current FCC regulations, businesses must honor consumer opt-out (consent revocation) requests within ten (10) business days. You are solely responsible for processing opt-out requests within the required timeframe. eConsent provides tools to help track and document opt-out processing, but compliance with the 10-day requirement is your obligation. eConsent shall not be liable for any penalties, fines, or damages resulting from your failure to process opt-out requests in a timely manner.

Consent Template Registry

eConsent may provide a consent template registry feature that allows Customers to register, version, and manage consent language templates used across their properties. Registered templates are captured by reference in consent certificates, linking each certificate to the specific template version that was displayed to the consumer. You are solely responsible for the content and legal adequacy of your consent templates. eConsent does not review, approve, or validate consent language.

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

eConsent Voice Service

Audio Upload and Transcription

By uploading call recordings to eConsent Voice, you represent and warrant that: (a) you have the legal right to record and process the calls, including compliance with applicable federal and state two-party consent laws; (b) all required disclosures were made during the call in accordance with applicable FCC regulations; and (c) you will not upload recordings of calls made without proper authorization.

AI Classification

eConsent Voice uses machine learning models to classify verbal consent, detect coercion, and identify FCC-required disclosures. Classification results are advisory and are provided for compliance documentation purposes only. They do not constitute legal advice. You should review classification results with qualified compliance personnel before relying on them for legal or regulatory purposes.

Voiceprint (Speaker Embedding) — Customer Warranty

eConsent Voice computes a numerical speaker embedding (“voiceprint”) from audio you upload. Voiceprints may constitute “biometric information” or “biometric identifiers” under applicable state laws, including the Illinois Biometric Information Privacy Act (BIPA), the California Consumer Privacy Act (CCPA), and the Texas Capture or Use of Biometric Identifier Act (CUBI). By uploading audio, you represent and warrant that: (a) you have obtained all consents and provided all disclosures required by applicable law before capturing or uploading biometric information, including from consumers in jurisdictions where such laws apply; (b) you have lawful authority to share the audio with eConsent for the purpose of computing and storing the voiceprint; and (c) you will respond to and honor consumer rights requests (deletion, access, opt-out) relating to voiceprints on our behalf. eConsent acts as a data processor with respect to voiceprints and will follow your documented instructions for deletion. You agree to defend, indemnify, and hold eConsent harmless from any claim arising from your failure to comply with biometric privacy laws.

Consent Certificates

Voice consent certificates are cryptographically signed evidence packages using HMAC-SHA256. Tampering with or modifying certificate data will invalidate the cryptographic signature. Certificates are intended for TCPA compliance documentation and may be presented as evidence in legal proceedings. eConsent does not guarantee that any certificate will be accepted by any court or regulatory body.

Offshore Agent Tracking

eConsent Voice tracks agent location, transfer events, and disclosure timing to support compliance with FCC regulations regarding offshore call centers (including the March 2026 NPRM). Agent identity data is stored as part of the consent evidence package. You are responsible for ensuring your agents make all required disclosures.

Data Retention

Audio integrity hashes and consent certificates are retained for the duration specified in your plan (default: 7 years from capture date). Original audio files are not stored by eConsent unless explicitly configured. You may request deletion of your data subject to applicable legal retention requirements and any active litigation holds.

API Usage

Use of the eConsent Voice API is subject to the rate limits and quotas associated with your plan tier. Exceeding your quota will result in API requests being rejected until the next billing cycle. You are responsible for securing your API keys and must not share them publicly.

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.

Wallet and Auto-Recharge

Certain usage-based features may be funded through a prepaid wallet balance. You may configure automatic recharge to replenish your wallet balance when it falls below a threshold you specify. By enabling auto-recharge, you authorize eConsent to charge your payment method on file for the configured recharge amount without additional confirmation each time a recharge is triggered.

Overage Billing

If your usage exceeds the limits included in your subscription plan and no prepaid wallet balance is available, overage charges may apply at the per-unit rates specified in your plan. Overages are billed in arrears on your next billing cycle. eConsent may suspend Services if overages remain unpaid.

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