Okito Terms of Service

1. Agreement Between You and Okito

1.1. The Terms of Service, including any documents or policies that refer to these terms, govern your acquisition and use of the services provided through our website www.okito.com, whether such services are offered free of charge or on a paid basis. By accepting these Terms, either by clicking a box confirming your acceptance, creating an account, placing an order, executing an order form, or using any document that refers to these Terms, you agree that these Terms form part of the agreement between you and Okito (“Okito”) (the “Agreement”).

1.2. Our services are provided exclusively for Business to Business customers.

1.3. These Terms were last updated on 1 March 2026 and become effective between you and Okito from the date you place an order, create an account, or start using our services through www.okito.com. Okito reserves the right to update or amend these Terms from time to time. If such changes are considered material, Okito will notify registered customers by email or through another appropriate communication method. Unless otherwise stated, such changes will take effect after the notification period specified by Okito. Your continued use of our website or services after any changes become effective will constitute your acknowledgment and acceptance of the updated Terms.

1.4. The applicable Terms shall always be the latest version made available on our website www.okito.com. In the event of any inconsistency between the wording on our website, previous versions of the Terms, translated versions, or other related texts and these Terms, the latest Terms published on www.okito.com shall prevail.

1.5. These Terms, as well as other texts available throughout the website, may be translated from English into other languages. Such translations are provided for convenience only and should be interpreted in line with the English language version. In the event of any discrepancy between the English version and a translated version, the English version shall prevail. Okito assumes no liability for errors, omissions, ambiguities, or interpretation differences arising from translated content. Any person or entity relying on a translated version does so at their own risk. In case of doubt, the official English language version should always be consulted.

2. The Services We Deliver – and What You Need to Do

2.1. The European Union’s General Data Protection Regulation (“GDPR”) and ePrivacy Directive 2009/136/EC (“ePR”) test.

2.1.1. Okito may provide a free GDPR/ePR test designed to analyze your website and give you an initial indication of whether your website’s use of cookies and similar tracking technologies appears to align with certain requirements set out under the GDPR and ePrivacy rules.

2.1.2. The GDPR/ePR test covers only selected requirements under the GDPR and ePR and is limited to an analysis of up to 5 pages of your website. It should therefore not be considered a complete compliance review of your entire website. For this reason, a positive test result must not be interpreted as a guarantee that your website fully complies with all requirements under the GDPR, ePR or any other applicable privacy or cookie legislation.

2.1.3. If you want to perform a broader and more complete analysis of your website, you must sign up for an Okito CMP Subscription, as described in clause 2.2.

2.1.4. It is your responsibility to make sure that the domain you submit for testing is entered correctly and is publicly accessible to anonymous website visitors. You confirm that you are the lawful owner of the domain or that you otherwise have the necessary rights and permissions to have the website scanned and tested through Okito.

2.2. Okito CMP Subscription

2.2.1. Subject to the registration process on our website, where you create an account (“Okito CMP account”), Okito will provide you with access to the services (“Okito CMP”) described on www.okito.com and within the relevant service documentation.

2.2.2. Okito Consent Management Platform (“Okito CMP”) is designed as a self-serve Business to Business (B2B) solution for website owners, agencies, publishers and digital businesses. The platform helps customers manage cookies and similar tracking technologies, collect and document user consents, display consent banners, provide users with consent preference options, and allow users to withdraw or change their consent preferences through the available Okito consent interface.

Okito acts as a Software as a Service (SaaS) provider. It is your responsibility to ensure that Okito CMP is correctly implemented on your website and that the consent requests, cookie categories, legal texts and user-facing notices are configured in accordance with the laws and regulations applicable to your business.

Privacy and cookie-related rules may differ from country to country and may be interpreted differently by local authorities. Therefore, Okito does not guarantee that using Okito CMP will automatically ensure full compliance with all laws, regulations, platform requirements or industry standards relating to cookies, tracking technologies or user consent. We recommend obtaining appropriate legal advice when implementing Okito CMP and adapting all consent texts and settings to your own website, users and legal obligations.

2.2.3. It is your responsibility to ensure that all domains and subdomains added to your Okito CMP account are entered correctly and are publicly accessible to anonymous website visitors where this is required for scanning and service delivery. You confirm that you are the lawful owner of the relevant domains or that you otherwise have the necessary rights and permissions to add those domains to your Okito CMP account for website scans, consent management and related services.

2.2.4. Website scan results may be sent as a report to the email address used when creating your Okito CMP account. Scan reports may also be made available within your Okito CMP account. Depending on your subscription plan, you may be able to add additional recipients for scan reports. It is your responsibility to ensure that any additional recipients have consented to receive such reports and that their email addresses are added and used lawfully.

2.2.5. If your subscription plan supports multiple websites or domains, Okito CMP may allow consent preferences to be managed across more than one domain where technically possible. Such functionality may depend on browser settings, third-party cookie restrictions, privacy controls, device settings and other technical conditions outside Okito’s control.

2.2.6. It is your responsibility to review and verify the categorization and purpose descriptions of cookies and similar tracking technologies identified during website scans. If you change the category, description, provider information, duration or purpose of any cookie, you must ensure that such changes reflect the actual technical behavior and use of the cookie on your website.

For example, if you classify a cookie as “necessary” or “strictly necessary”, you should ensure that the cookie is genuinely required for the basic functionality of the website or for a service explicitly requested by the user, in accordance with applicable legislation and relevant regulatory guidance.

2.2.7. Okito CMP is designed to support consent-based tracking management. Depending on your implementation and settings, users may be able to give, reject, withdraw or update their consent preferences through the consent banner, preference center or other available Okito mechanisms.

If you implement the standard Okito consent interface on your website, users can be provided with a way to manage or change their consent preferences. Alternatively, you may use Okito’s developer documentation and available methods on www.okito.com to create your own consent preference flow, provided that such implementation complies with applicable legal requirements.

2.2.8. User consent may be logged and documented by storing technical information such as consent status, date and time of consent, website domain, browser user agent, consent ID, region, banner version and anonymized or partially masked identifiers, depending on your configuration and applicable subscription plan.

You may be able to download or export a copy of the consent log from your Okito CMP account. Once such data is downloaded or exported, it is your responsibility to handle, store and use the data in accordance with applicable privacy and data protection laws. Consent records may be retained for the period specified in Okito’s applicable documentation, privacy policy, data processing agreement or subscription terms.

2.2.9. If your subscription is managed by an official Okito CMP reseller, agency partner or authorized service provider, such reseller or partner may have access to your collected data, account settings and configurations only to the extent necessary to manage your subscription and provide the relevant services. The reseller or partner is not permitted to share, use, transfer or sell such collected data and configurations for any unauthorized purpose. Okito will not sell your collected data or configurations to third parties.

2.3. Okito acts as a data processor in accordance with the information provided in our https://okito.com/privacy-policy/ , as described in clause 8.

2.4. Okito applies appropriate technical and organizational security measures to protect data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, misuse or unlawful processing. Okito takes reasonable steps to safeguard the data processed through its services in accordance with applicable data protection requirements.

2.5. Okito organizes its technical and operational resources to provide a reliable level of service for the operation of its cloud-based platform. Okito aims to maintain high service availability and to respond to support requests related to critical technical issues, major service interruptions or unscheduled downtime within a reasonable business timeframe. Such support requests must be submitted in writing through Okito’s official support channel available at www.okito.com.

2.6. Okito CMP is a self-serve service, as described in clause 2.2.2. As a customer, you may submit questions, comments, feedback or support requests through the helpdesk or support channels provided on www.okito.com.

2.7. If you are dissatisfied with Okito CMP or with any matter related to the services provided, please contact Okito through the support channels available on www.okito.com. Okito will review the matter and make reasonable efforts to resolve the issue through its standard customer support process.

3. Pricing and functions

3.1. Okito CMP Subscription Types

3.1.1. All subscription types may include website scans and scan reports, a consent banner and cookie declaration for your website, data export, consent log documentation and a frontend SDK for additional implementation options.

3.1.2. Current subscription fees for different subscription plans, package sizes and any additional fees (“Subscription Fee”) can be found at https://app.okito.com/pricing

3.1.3. Okito may change its pricing, subscription packages or additional fees from time to time. If you have registered an Okito CMP account, Okito will notify you of relevant pricing changes by email or through another appropriate communication method, subject to reasonable prior notice.

3.1.4. Premium Subscription

3.1.4.1. In addition to the functions mentioned in clause 3.1.1, the Premium Subscription may include monthly website scans and scan reports, a customizable consent banner, customizable cookie declaration, multiple language options, multiple email recipients for scan reports, geolocation-based display, multiple domains, Cross-Domain Consent Sharing, consent statistics, manual scan functionality and internal domain alias options.

3.1.4.2. The “internal domain alias” function, where available, may only be used for non-production domains such as development, testing or staging environments. Internal domain aliases may have limited functionality; for example, consent logging may not be available for these types of domains.

3.1.4.3. You may be able to change the scan frequency for a domain from “monthly” to “daily” for an additional fee, as described in clause 3.1.2.

3.1.4.4. A Subscription Fee may be charged for each domain and each subdomain added to your Okito CMP account. The Subscription Fee may apply regardless of your actual usage of Okito CMP after the domain or subdomain has been added.

3.1.4.5. Monthly website scans may be performed up to the page limit defined under your selected subscription plan. Pages are generally counted as unique URLs on each domain and subdomain added to your Okito CMP account.

3.1.4.6. The Premium Subscription may also include the following functions:

• customer care and technical support within the response time specified for your plan,

• automatic blocking of cookies and tracking technologies where available,

• a consent banner available in multiple languages.

3.1.4.7. If your single domain contains a limited number of pages, Okito may offer a lighter Premium version including selected premium features. For this type of plan, customer care and technical support may be provided as a self-serve solution with access to guides, documentation and support resources available on www.okito.com. If you add additional domains or exceed the applicable page or domain limits, your subscription may be moved to the package corresponding to the number of domains, subdomains and pages as described at https://app.okito.com/pricing

3.1.5. Free Subscription

3.1.5.1. If your domain meets the page, domain and feature limits specified by Okito, you may be eligible to sign up for a Free Subscription, which is provided free of charge. The Free Subscription may be limited to one domain unless otherwise stated on www.okito.com/pricing.

3.1.5.2. The Free Subscription does not include all functions available under the Premium Subscription, including the advanced features described in clauses 3.1.4.1 and 3.1.4.6.

3.1.5.3. If a scan of your domain shows that your website exceeds the limits of the Free Subscription, Okito may upgrade your account to a Trial Version of the Premium Subscription or request that you select a paid subscription plan. You will be notified of such change by email or through your Okito CMP account.

3.1.5.4. The Free Subscription may include the following functions:

• a basic blocking function for cookies and similar tracking technologies, which may require manual implementation,

• a default privacy trigger or consent preference access option,

• a default consent banner in one language,

• website scan and scan report on demand, subject to the applicable plan limits.

3.1.5.5. Consent statistics and historical data under the Free Subscription may be available only for a limited period, as specified by Okito on www.okito.com/pricing or within your Okito CMP account.

3.1.6. Trial Version

3.1.6.1. If your account is upgraded to a Trial Version of the Premium Subscription, as described in clause 3.1.5.3 above, you may use selected Premium Subscription features free of charge for the trial period specified by Okito. The Trial Version may provide access to premium functions of Okito CMP, except for certain restricted features such as manual domain scans or other features excluded by Okito.

3.1.6.2. If you add your payment information during the trial period, your account may automatically be converted to a Premium Subscription after the trial period ends. In that case, the domains and subdomains added to your Okito CMP account may be converted to a paid Premium Subscription and your billing period will begin.

3.1.6.3. If you do not add your payment information and do not continue with the Premium Subscription, your account may be converted back to a Free Subscription or limited plan, provided that you do not use premium-only functions. If you use or keep premium functions active without adding payment information, your account may be suspended until you either add valid payment information or remove the premium functions manually.

4. Payment and Invoicing

4.1. Subscriptions may be billed monthly in arrears or yearly in advance and are payable by credit card, PayPal, bank transfer or any other payment method made available by Okito. Payment by bank transfer may be accepted at Okito’s sole discretion. When signing up for Okito CMP with a credit card or another recurring payment method, you must provide valid and up-to-date payment information. You authorize Okito and its payment service providers to charge the selected payment method on a recurring basis for all services you have agreed to purchase through www.okito.com.

4.2. You are responsible for keeping your payment details accurate and up to date. You may update or renew your payment authorization through the “My Account” section after logging in to your Okito CMP account.

4.3. Okito will charge the applicable monthly or yearly Subscription Fee, including any applicable taxes, according to the billing cycle selected for your account. If you pay by bank transfer, you must pay the invoice within the payment period stated on the invoice.

4.4. For yearly payments made in advance, any additional domains or subdomains added to your Okito CMP account during the yearly billing period may be invoiced separately in order to align the billing cycle of the additional domain or subdomain with your existing subscription. For monthly billing, additional domains or subdomains added during the monthly billing cycle may be billed together with your other active domains at the end of the relevant billing period.

4.5. Your Subscription Fee may be increased automatically or manually based on the number of domains, subdomains, pages, scan volume, selected features or other usage criteria detected or activated under your Okito CMP account.

4.6. Whether the Subscription Fee is paid by credit card, PayPal, bank transfer or another accepted payment method, invoices will be sent to the email address registered in your Okito CMP account. After logging in to your Okito CMP account, you may view and download invoices from the “My Account” section.

4.7. You may change your billing period from monthly to annual or from annual to monthly, if this option is available for your subscription plan. This can be managed through your Okito CMP account on www.okito.com. Any change to the billing period will normally take effect after the end of the current billing period.

4.8. If you pay by credit card or another online payment method, transaction fees may be covered by Okito unless otherwise stated. If you pay by bank transfer, you may be responsible for any bank charges, transfer costs, currency conversion fees or other transaction-related expenses.

4.9. Applicable VAT, sales tax, withholding tax or other local taxes may be charged depending on your billing address, country, tax status and applicable law. If a valid tax exemption, reverse charge mechanism or similar tax treatment applies, you are responsible for providing the required tax information before the invoice is issued.

4.10. If you qualify for VAT exemption, reverse charge or another tax exemption but fail to provide valid tax information before the invoice date, Okito may charge the applicable tax amount. Taxes charged due to missing, invalid or late tax information may not be refunded.

4.11. All orders will be charged in the currency displayed during checkout, stated in your Okito CMP account, shown on the relevant invoice or agreed in a separate written order form or commercial agreement.

5. Term and Termination

5.1. The Agreement and your subscription to the services will become effective from the moment you sign up for Okito services on www.okito.com and will remain in force until the subscription or the Agreement is terminated by you or by Okito in accordance with these Terms.

5.2. You may cancel an individual subscription by removing the relevant domain from the “Domains” or “Settings” section of your Okito CMP account, where this option is available. You may also delete a domain group and the domains connected to that group through your account settings.

You will be charged for the full current billing period, regardless of the date on which you remove a domain or delete a domain group. Once a domain or domain group is removed, Okito CMP and the related scripts may immediately stop functioning for the relevant domain or domains. It is your responsibility to remove Okito CMP scripts from your website before or after cancellation.

Any outstanding balance related to the removed domain or domains will be settled with your next regular invoice.

5.3. You may cancel all subscriptions by cancelling your Okito CMP account. You will be charged for the full current billing period, regardless of when the account cancellation takes place. After cancellation, Okito CMP and the related scripts may immediately stop working, and it is your responsibility to remove all Okito CMP scripts from your website.

Following account cancellation, your data, including account information, invoices, scan reports, configuration data and collected user consents, may be deleted, anonymized or retained in accordance with Okito’s data retention rules, legal obligations, backup procedures and applicable payment requirements. If there are unpaid amounts connected to your account, Okito may retain relevant account and billing information until such amounts are settled.

Any outstanding payable balance may be charged or settled after cancellation.

5.4. Yearly payments made in advance will not be refunded if you remove domains, delete domain groups or cancel your Okito CMP account, unless otherwise required by applicable law or expressly agreed in writing by Okito.

5.5. Okito reserves the right to terminate the Agreement, suspend access to the services or stop providing the services in the following cases:

(i) if your Subscription Fee or any other payable amount is not paid on time;

(ii) if you materially breach these Terms and fail to remedy such breach within the period specified by Okito;

(iii) if your use of the services creates legal, technical, security or operational risk for Okito, other customers or third parties; or

(iv) if Okito terminates the service or the Agreement by giving reasonable prior notice.

6. Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, documentation and tools provided by Okito, whether free of charge or payable, either directly or indirectly, including the tools mentioned in clause 6(l), collectively referred to as the “Resources”, you agree to use these Resources only for purposes permitted by:

(a) these Terms;

(b) applicable laws and regulations; and

(c) generally accepted online practices, security standards and professional conduct guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself or your organization, including identification, contact, billing, company or technical information, either during the registration process or as part of your use of the Resources. You agree that all information you provide will be accurate, complete and kept up to date.

b. You are responsible for maintaining the confidentiality of any login credentials associated with any account used to access our Resources. You are responsible for all activities carried out under your account.

c. You may only allow authorized users with lawfully obtained login credentials to access and use the Resources. You must ensure that anyone using the Resources under your account does so only for your authorized business purposes and in compliance with these Terms.

d. You may not make the Resources, your account access or any login credentials available to any third party, including through rental, resale, service bureau, hosting, time-sharing, demonstration access or any similar arrangement, unless expressly permitted by Okito in writing.

e. Accessing or attempting to access any of our Resources by any method other than the methods provided or approved by Okito is strictly prohibited. You specifically agree not to access or attempt to access the Resources through illegal, automated, unethical, deceptive or unauthorized means.

f. Any activity that disrupts, interferes with, damages, overloads or restricts the operation of our Resources, including the servers, systems or networks on which the Resources are hosted or connected, is strictly prohibited. This includes restricting or preventing any other authorized user from using the Resources.

g. You may not copy, duplicate, reproduce, sell, trade, resell, sublicense or commercially exploit our Resources unless otherwise agreed by Okito in writing.

h. The Resources may not be used in any way that is unlawful, harmful, abusive, deceptive, fraudulent or damaging to Okito, its customers, users, partners or third parties.

i. You agree to cooperate with and assist Okito in identifying, preventing and stopping any unauthorized use, copying, disclosure, access or misuse of the Resources or any part of them.

j. If you become aware of any actual or suspected infringement, piracy, unauthorized use, unauthorized copying or misuse of the Resources, or if any related claim is made against you by a third party in connection with your use of the Resources, you must notify Okito as soon as reasonably possible.

k. You are solely responsible for any consequence, loss, damage, liability or expense that Okito may directly or indirectly incur or suffer due to unauthorized, unlawful or improper activities carried out by you, your users or anyone using your account.

l. Okito may provide open communication tools on its website or on external platforms linked from its website, including helpdesk forms, blog comments, blog posts, public chat areas, forums, message boards, product reviews, feedback tools, social media services or similar communication channels. You understand that Okito does not generally pre-screen or continuously monitor all content submitted through such tools. If you choose to use these tools to submit or share any content, you are personally responsible for using them in a lawful, responsible and ethical manner. By posting information or otherwise using any open communication tool, you agree that you will not upload, post, share or distribute any content that:

i. is illegal, threatening, defamatory, harassing, degrading, intimidating, fraudulent, deceptive, invasive, discriminatory, racist or contains improper or inappropriate language;

ii. infringes any trademark, patent, trade secret, design, technical right, copyright or other proprietary right of any party;

iii. contains unauthorized advertising, unsolicited promotional material, spam or similar content; or

iv. impersonates any person or entity, including any Okito employee, representative, partner or affiliated person.

m. Okito has the right, at its sole discretion, to remove any content that it considers to be in breach of these Terms or that it considers offensive, harmful, objectionable, inaccurate, misleading or in violation of any third-party rights, including copyrights or trademarks. Okito is not responsible for any delay or failure to remove such content. If you post content that Okito removes, you consent to such removal and waive any claim against Okito in relation to that removal.

n. Okito does not assume liability for any content posted by you or by other users through the open communication tools described in clause 6(l). However, any content you post through such tools, provided that it does not violate third-party rights, may be used by Okito for the purpose of operating, improving, promoting or communicating about its services. By posting such content, you grant Okito a worldwide, royalty-free, transferable and sublicensable right to reproduce, modify, adapt, translate, publish, publicly display and distribute that content. This provision applies only to content submitted through open communication tools and does not apply to information provided as part of account registration, billing, service configuration or private support processes. Such information is handled in accordance with Okito’s Privacy Policy.

o. Okito may provide links to external third-party websites or services. Okito has no control over the content, accuracy, availability, legality or privacy practices of such third-party websites or services and does not assume liability for them. The respective provider or operator of the linked website is responsible for its own content. If Okito becomes aware of unlawful content or violations connected to a linked third-party website, Okito may remove the relevant link.

p. As a customer, you grant Okito the right to use your company name and logo as a customer reference for Okito’s own marketing and promotional purposes during the term of the Agreement. You may revoke this permission at any time by contacting Okito through the privacy or support contact channel provided on support@okito.com

7. Indemnification

You agree to indemnify and hold harmless Okito, its parent company, subsidiaries, affiliates, executive officers, managers, employees, resellers, agents, licensors and partners from and against all losses, expenses, damages, fines, penalties, claims, liabilities and costs, including reasonable attorneys’ fees, arising from or related to any violation of these Terms or any failure to fulfill obligations connected to your Okito CMP account by you or by any other person using your Okito CMP account.

Okito reserves the right to assume the exclusive defense and control of any matter for which it is entitled to indemnification under these Terms. In such case, you agree to provide reasonable cooperation, including access to relevant data, account information and documentation where necessary.

8. Data Protection and Confidentiality

8.1. Data Protection

8.1.1. Your privacy is important to us. For this reason, Okito provides a separate Privacy Policy explaining how we collect, use, manage, process, secure and store personal data. The Privacy Policy forms part of these Terms where applicable. To review our Privacy Policy, please visit https://okito.com/privacy-policy/

8.1.2. In order to enter into an agreement for the purchase or use of Okito services, you may be required to provide certain personal, company, billing and technical information. If you do not provide the required information, Okito may not be able to create your account, process your order or deliver the services.

8.1.3. Where Okito processes personal data on your behalf as a customer, a separate Data Processing Agreement may apply between you and Okito. In the event of any conflict between these Terms and the Data Processing Agreement regarding personal data processing, the Data Processing Agreement shall prevail.

8.1.4. Where applicable, you may request a data protection audit carried out by an independent third party accepted by Okito. Any such audit request shall be subject to Okito’s audit procedure, reasonable security requirements, confidentiality obligations and applicable audit fees. You will be responsible for the costs related to the audit, including Okito’s time spent in connection with the audit and any third-party auditor costs, unless otherwise agreed in writing.

8.2. Confidentiality

8.2.1. Each party agrees to protect the other party’s Confidential Information against unauthorized access, use or disclosure by applying reasonable care and appropriate security measures.

8.2.2. “Confidential Information” means any non-public information exchanged between the parties in connection with this Agreement, including information that is marked as confidential, orally identified as confidential, or which should reasonably be understood to be confidential due to its nature, content or the circumstances of disclosure.

8.2.3. The confidentiality obligation does not apply to information that is already publicly known at the time of disclosure or later becomes publicly known without breach of this Agreement. It also does not apply to information that the receiving party can prove:

(i) was lawfully obtained from a third party;

(ii) was already known without confidentiality restrictions;

(iii) was independently developed without use of the other party’s Confidential Information;

(iv) must be disclosed by law, court decision or order of a competent authority; or

(v) is disclosed to professional advisors, legal counsel, auditors or service providers who are bound by appropriate confidentiality obligations.

8.2.4. If either party has reason to believe that there has been unauthorized loss, access, disclosure or misuse of the other party’s Confidential Information, it shall notify the other party without undue delay.

8.2.5. Nothing in these Terms prevents Okito from disclosing the existence or relevant terms of this Agreement to potential investors, financing sources, security holders, strategic partners, legal advisors, auditors or professional consultants, provided that such disclosure is subject to appropriate confidentiality obligations.

9. Disclaimer of Warranty

9.1. By using our website or services, you understand and agree that all Resources provided by Okito are made available on an “as is” and “as available” basis. This means that Okito does not represent or warrant that:

a. the use of our Resources will meet all of your business, technical, legal or operational needs;

b. the use of our Resources will be uninterrupted, timely, secure, error-free or continuously available;

c. any information, report, scan result, recommendation or output obtained through the Resources will always be complete, accurate, current or reliable; or

d. any defects, errors, interruptions or functional limitations in the Resources will always be repaired, corrected or resolved.

9.2. Furthermore, you understand and agree that:

a. any content, script, documentation, file, report or other material downloaded or otherwise obtained through the use of our Resources is accessed and used at your own discretion and risk. You are solely responsible for any damage to your computer systems, websites, integrations or other devices, and for any loss of data that may result from the use or download of such material; and

b. no information, advice, statement, recommendation or communication, whether written, oral, express or implied, obtained from Okito or through any of the Resources, will create any warranty, guarantee or condition of any kind, except where expressly stated in these Terms.

9.3. Unless expressly provided otherwise, Okito disclaims all warranties, guarantees and conditions of any kind, whether express, implied, statutory or otherwise, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability and legal compliance.

10. Limitation of Liability

In connection with the Disclaimer of Warranty set out above, you expressly understand and agree that any claim against Okito shall be limited to the amount you have paid to Okito for the relevant products and/or services during the previous 12 months, if any.

To the fullest extent permitted by applicable law, Okito shall not be liable for any indirect, incidental, consequential, special, punitive or exemplary loss or damage, including but not limited to loss of profit, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, data corruption, fines, penalties, cancellation, loss of access, service interruption or downtime, whether arising from your use of the Resources, inability to use the Resources, changes to the services, technical errors, third-party services or any other matter connected to the services.

11. Copyrights/Trademarks

11.1. All content and materials available at www.okito.com, defined as the Resources in clause 6, including but not limited to text, graphics, website name, software, code, images, interfaces, designs, documentation, product names and logos, are the intellectual property of Okito or its licensors and are protected by applicable copyright, trademark and other intellectual property laws. Any unauthorized or inappropriate use, including but not limited to the reproduction, distribution, display, modification or transmission of any content on this website or within the services, is strictly prohibited unless expressly authorized by Okito in writing.

11.2. These Terms do not grant you any ownership interest in or to the Resources. They only provide you with a limited, revocable, non-exclusive and non-transferable right to use the Resources in accordance with these Terms and the Agreement. Okito does not grant any license or other right to use any of its trademarks, service marks, copyrighted materials, software, documentation or other intellectual property except as expressly provided in these Terms or agreed in writing.

11.3. In addition, you agree not to engage in any activity that may compromise, misuse or interfere with the Resources, including but not limited to:

i. reverse engineering, reverse compiling, decrypting, disassembling or otherwise attempting to derive the source code, structure or underlying technology of the Resources;

ii. modifying, translating, adapting or creating derivative works based on the Resources;

iii. sublicensing, reselling, renting, leasing, distributing, marketing, commercializing or otherwise transferring any rights or access to the Resources; or

iv. embedding, integrating or using the Resources in any third-party application, platform or service unless expressly permitted by Okito.

11.4. Upon request from Okito, you must be able to confirm that you comply with the provisions of this clause. If you fail to provide such confirmation within the period specified by Okito after receiving the request, this may be considered a material breach of these Terms.

12. Governing Law and Venue

12.1. The relationship between you and Okito, including these Terms and the Agreement, shall be governed by the laws of England and Wales, excluding any conflict of law rules and, where applicable, excluding the United Nations Convention on Contracts for the International Sale of Goods.

12.2. Any dispute, claim or disagreement arising out of or in connection with these Terms, the Agreement or the services, including any dispute concerning the validity, interpretation, performance or termination of these Terms or the Agreement, shall be submitted to the exclusive jurisdiction of the competent courts of London, England, unless mandatory applicable law provides otherwise.

12.3. If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall remain valid and effective. The invalid, unlawful or unenforceable provision shall be replaced by a valid provision that most closely reflects the original legal and commercial purpose of the relevant provision.