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ExpressConsent
Legal

Terms of Service

Last updated: September 29, 2026

1. Agreement to These Terms

These Terms of Service (“Terms”) are an agreement between Express Consent, LLC (“ExpressConsent,” “we,” “us,” or “our”) and you. They govern your use of expressconsent.com, app.expressconsent.com, our software development kit (“SDK”), APIs, dashboard, share pages, and related services (collectively, the “Service”).

If you use the Service on behalf of a company or other organization, you agree to these Terms on its behalf and confirm that you have authority to do so, and “you” means that organization. If you do not agree to these Terms, do not use the Service.

2. Signed Agreements Take Priority

If your organization has signed a Master SaaS Subscription and Services Agreement or another written agreement with us (a “Signed Agreement”), the Signed Agreement governs your use of the Service. These Terms apply only to matters the Signed Agreement does not address, and if the two conflict, the Signed Agreement controls.

3. The Service

The Service lets businesses (“Customers”) create a Certified Digital Record (“CDR”) of a page on their website at the moment a visitor takes an action the Customer designates, such as submitting a form. A CDR includes a visual record of the page, the information entered on it, and technical data such as the timestamp, IP address, and browser information, sealed so that later changes can be detected. We call the people whose interactions are captured “Consumers,” and the information captured from a Customer’s website “Customer Data.”

4. Accounts

You must provide accurate account information and keep it current. You are responsible for keeping your credentials and API keys confidential, for the actions of everyone who uses your account, and for notifying us promptly at support@expressconsent.com of any unauthorized use.

5. Customer Responsibilities

If you use the Service to create CDRs, you are responsible for the following:

  • Integration and timing. You decide where our code is installed and when a CDR is captured. You are responsible for integrating the SDK correctly, confirming that CDRs capture what you intend, and for any change to your website that affects capture. A CDR exists only if our code runs in the Consumer’s browser and returns a CDR ID. We have no obligation or liability for sessions in which no CDR was created.
  • Consumer notice and consent. You must disclose in your privacy policy, and anywhere else applicable law requires, that you use ExpressConsent to capture and record the web page and the information Consumers submit, with a link to our Privacy Policy. You must obtain any consent that applicable law requires for that capture, including under federal and state wiretap, eavesdropping, and electronic communications privacy laws. If you have a Signed Agreement, use the disclosure language it specifies.
  • Your consent language and marketing. You are solely responsible for your consent disclosures and all other Consumer-facing language, and for complying with the Telephone Consumer Protection Act (“TCPA”), state telemarketing laws, the Telemarketing Sales Rule, do-not-call requirements, and privacy laws.
  • Authority. You may install our code only on websites you own or are authorized to install it on.
  • Sensitive information. A CDR records what appears on the page, including the values Consumers enter. You must not use the Service to capture Social Security numbers, full payment card numbers or security codes, financial account credentials, government ID numbers, or health information unless those fields are masked with the SDK’s redaction features. We are not a HIPAA business associate, and the Service is not designed to store payment cardholder data.
  • Permitted Consumers and uses. You may use the Service only with Consumers located in the United States, and not with children under 13. You may not use CDRs for any purpose governed by the Fair Credit Reporting Act, or to market to Consumers who have opted out.

6. Acceptable Use

You agree not to:

  • Use the Service for any fraudulent, misleading, or unlawful purpose
  • Fabricate, alter, or misrepresent a CDR, or present a CDR as evidence of something it does not show
  • Interfere with or disrupt the integrity or performance of the Service
  • Attempt to gain unauthorized access to the Service, or circumvent its billing or access controls
  • Reverse-engineer, decompile, or disassemble any part of the Service
  • Resell, sublicense, or white-label the Service or CDRs except as a Signed Agreement permits
  • Use the Service to store or transmit malware, or material that infringes any third party’s rights

7. Customer Data and Our Role

As between you and us, you own your Customer Data. You grant us a non-exclusive, royalty-free license to process it to provide the Service and as required by law.

For Customer Data, you are the “business” or controller, and we are your “service provider” or processor under applicable privacy laws. We process Customer Data only on your instructions and to provide, support, secure, maintain, and improve the Service. We will not sell or share Customer Data (as those terms are defined in the California Consumer Privacy Act), and we will not retain, use, or disclose it for any purpose outside our direct business relationship with you, or combine it with personal information from other sources except as that law permits.

  • Service providers. We use the service providers listed in our Privacy Policy, which are bound by confidentiality and data protection obligations.
  • Security. We maintain commercially reasonable technical, administrative, and physical safeguards, and we will notify you without undue delay, and within 72 hours of confirming it, of a security breach affecting your Customer Data.
  • Consumer requests. We will direct Consumer privacy requests to you and provide reasonable assistance in responding. CDRs cannot be changed or deleted during the Retention Period described in Section 8.
  • Aggregated data. We may create and use aggregated or de-identified information, such as capture success rates and rendering performance, that does not identify you or any Consumer.

8. Retention

We retain each CDR for five (5) years from the date it is created (the “Retention Period”). CDRs are stored so that they cannot be modified or deleted during the Retention Period, by you or by us, including if your account ends or you ask us to delete them. After the Retention Period ends, CDRs may be permanently deleted without further notice, so download any CDR you need to keep longer.

9. Sharing CDRs

You may share CDRs with businesses you work with, such as lead buyers, using the Service’s sharing features. You are responsible for deciding who receives a CDR and for having a lawful basis to disclose the personal information it contains. Anyone who has an active share link can view the CDR it points to until the link expires or you revoke it.

Each organization that adds a shared CDR to its own account pays for its own access at its applicable rate, whether or not the sharing organization paid for that CDR.

If you receive a CDR from someone else, you may use it only to verify the consent it records and for your lawful internal business purposes. You must protect the personal information it contains, and you are bound by these Terms.

10. Fees and Payment

Fees are charged for each CDR collected by your organization, plus any optional services you use, such as bot detection, declarations, and testimony, at the rates in your Signed Agreement, order form, or the pricing we provide to you. You agree to pay all fees when due. Fees do not include taxes, which you are responsible for. Fees are non-refundable except as required by law or as stated in these Terms. If you dispute an invoice, notify us in writing within thirty (30) days of the invoice date. We may suspend the Service for overdue amounts, and we may change our pricing on thirty (30) days’ notice.

11. What a CDR Verifies, Declarations, and Legal Process

A CDR, and any declaration we provide about it, verifies that the record is what the Service captured and sealed at the time of capture and that it has not changed since. It does not verify the identity of the person who submitted the information, whether the information submitted is true, or whether any consent language was legally sufficient.

On request, and after you pay the applicable fee, we will prepare a sworn declaration verifying the integrity of a CDR. Testimony, depositions, and other litigation support you request are billed at our then-current rates plus reasonable expenses.

We may receive subpoenas, court orders, or other legal process seeking CDRs or information about your use of the Service, including from parties adverse to you. We may comply with legal process as we determine the law requires. Where legally permitted and practical, we will notify you so you can seek a protective order at your own expense. You will reimburse our reasonable costs, including attorneys’ fees, of responding to legal process that relates to your use of the Service.

12. Reporting Problems

You must notify us of any fault or issue with the Service or a CDR, including its accuracy, completeness, or quality, within sixty (60) days after the issue first occurs. Issues not reported within that period are waived, and responsibility for them remains with you. Please also notify us before making material changes to a website that uses the SDK.

13. Intellectual Property and Feedback

The Service, including its software, SDK, designs, and methods, is the property of Express Consent, LLC and is protected by intellectual property laws. Subject to these Terms, we grant you a non-exclusive, non-transferable right to use the Service for your lawful internal business purposes. These Terms do not grant you any rights to our trademarks. If you send us feedback or suggestions, we may use them without any obligation to you.

14. Confidentiality

Each party will protect the other’s non-public information that a reasonable person would understand to be confidential, including pricing and Customer Data, and will not disclose it to third parties except as needed to provide or use the Service, or as required by law, subpoena, or court order. This obligation does not apply to information that is public or already known to the receiving party.

15. Disclaimers

The Service and all CDRs are provided “as is,” “as available,” and “with all faults,” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that a CDR will be created for every session, or the accuracy of information entered by Consumers or shown on your website.

ExpressConsent does not provide legal or regulatory advice. We make no representation that any CDR will be admissible in, or sufficient for, any legal proceeding, or that using the Service will satisfy the TCPA or any other law. Direct questions about the admissibility or sufficiency of consent evidence to a licensed attorney.

16. Limitation of Liability

To the maximum extent permitted by law: (a) Express Consent, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, revenue, or data; (b) Express Consent, LLC will not be liable for any statutory damages, fines, penalties, settlements, or judgments arising from your marketing, telemarketing, lead generation, or consent practices, including under the TCPA, state telemarketing laws, or wiretap or privacy laws, including any claim that a CDR was missing, incomplete, or insufficient; and (c) our total liability arising out of or relating to these Terms or the Service will not exceed the fees you actually paid us in the twelve (12) months before the event giving rise to the claim, or one hundred U.S. dollars ($100) if you paid no fees.

If a CDR is defective because of a failure of the Service, your sole remedy is, at our option, for us to correct the defect or to refund or credit the fees you paid for the affected CDRs.

17. Indemnification

You will defend, indemnify, and hold harmless Express Consent, LLC and its members, officers, employees, and agents from any third-party claims, investigations, damages, losses, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • Your breach of these Terms or violation of any law
  • Your consent disclosures or other Consumer-facing language
  • Your failure to give Consumers the notice, or obtain the consent, required by Section 5
  • Your lead generation, marketing, or telemarketing practices, including under the TCPA, state telemarketing laws, the Telemarketing Sales Rule, and do-not-call requirements
  • Any claim arising from the capture of Consumer activity on your website, including under federal or state wiretap, eavesdropping, or electronic communications privacy laws, however the claim characterizes our technology
  • Your Customer Data, or your decisions about sharing CDRs

18. Suspension and Termination

We may suspend your access immediately if you breach these Terms, fail to pay fees when due, or create a security or legal risk for us or others. Either party may end the relationship on thirty (30) days’ written notice, and we may terminate immediately if you breach these Terms.

When your use of the Service ends, you must remove our code from your websites, and any unpaid fees become due. We will continue to retain your CDRs for the rest of their Retention Period, and you may access CDRs created before termination through the dashboard until their Retention Period ends. Sections that by their nature should survive termination will survive, including Sections 7, 8, and 10 through 20.

19. Changes to the Service and These Terms

We may change, suspend, or discontinue any part of the Service. We may also update these Terms by posting a revised version on this page and updating the “Last updated” date. For material changes, we will notify Customers by email or in the dashboard at least thirty (30) days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

20. General

  • Governing law and venue. These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Palm Beach County, Florida.
  • Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
  • Force majeure. Except for payment obligations, neither party is liable for delays or failures caused by events beyond its reasonable control.
  • Independent parties. The parties are independent contractors. These Terms create no partnership, joint venture, employment, or agency relationship.
  • Severability and waiver. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the rest will remain in effect. Failing to enforce a provision is not a waiver of it.
  • Entire agreement. These Terms, together with any order form and our Privacy Policy, are the entire agreement between us about the Service, subject to any Signed Agreement as described in Section 2.
  • Notices. We may send you notices by email to the address on your account or in the dashboard. Send legal notices to us in writing at the address below, with a copy to support@expressconsent.com.

21. Contact Us

If you have questions about these Terms, email support@expressconsent.com or contact us.

Express Consent, LLC
55 SE 2nd Ave.
Delray Beach, FL 33444