Terms of Service

Effective Date: [INSERT DATE] | Last Updated: [INSERT DATE]

Important: By using Cairn ("the Service"), you agree to these Terms. If you do not agree, do not use the Service. Cairn provides technical cookie and tracker analysis only. The Service does not provide legal advice. Always consult qualified legal counsel for compliance decisions.

1. Definitions

"Cairn," "we," "us," and "our" refer to Novium Labs LLC, the operator of the Cairn website compliance assessment tool.

"Service" refers to the Cairn website, website compliance assessment tool, generated reports, and all related functionality accessible at cairnscan.com.

"User," "you," and "your" refer to any individual or entity accessing or using the Service.

"Target Website" refers to any website URL submitted by a User for scanning.

2. Service Description

Cairn is an automated website compliance assessment tool that scans Target Websites using a five-pass methodology: pre-consent state capture, post-accept analysis, post-reject analysis, GPC signal testing, and internal route discovery. The Service detects cookies, trackers, third-party network requests, legal page existence, consent mechanisms, form compliance, dark pattern indicators (measured CSS properties), and privacy policy content. The Service classifies detected technologies against a known database, performs company domicile inference, detects applicable regulatory jurisdictions, calculates dual compliance scores (Cookie Compliance and Privacy Setup), and generates a Website Privacy & Compliance Assessment Report with findings and remediation steps.

The Service uses a headless browser to simulate a user visit to the Target Website and capture technical data about cookies, local storage, session storage, and network requests. This process is analogous to a user visiting the Target Website with standard browser developer tools open.

3. Acceptable Use

By using the Service, you represent and warrant that:

You are at least 18 years of age and have the legal capacity to enter into these Terms.
You own the Target Website you submit for scanning, or you have explicit written authorization from the owner to scan it.
You will not use the Service to scan websites for malicious purposes, including but not limited to competitive intelligence gathering through deceptive means, identifying vulnerabilities for exploitation, or facilitating unauthorized access.
You will not attempt to circumvent rate limits, security measures, or access controls on the Service.
You will not use the Service in any manner that violates applicable laws or regulations.
You will not submit URLs that host illegal content.

We reserve the right to suspend or terminate your access to the Service if we reasonably believe you are violating these Terms.

4. Not Legal Advice

CRITICAL DISCLAIMER: The Service provides technical analysis only. Audit reports, compliance scores, compliance findings, and recommendations generated by Cairn do NOT constitute legal advice. They are informational tools designed to assist qualified professionals in evaluating website compliance. You should consult qualified legal counsel before making compliance decisions based on Cairn's output.

Cairn does not guarantee that its findings are complete, exhaustive, or current. Websites change frequently. A scan captures a point-in-time snapshot. Cookies and trackers may be added or removed after a scan is completed. Regulatory requirements vary by jurisdiction and are subject to change.

5. Accuracy and Limitations

While we strive for accuracy, the Service has inherent limitations:

Classification coverage: The cookie database covers a curated set of known cookies and tracker domains. Cookies not in the database are flagged as "Unclassified" and require manual review.
Bot protection: Websites with aggressive bot protection (e.g., Cloudflare challenges, CAPTCHAs) may prevent the scanner from completing a full analysis.
Dynamic content: Cookies that load only under specific conditions (e.g., after login, on specific routes, after specific user interactions) may not be detected.
Regulatory interpretation: The Service identifies technical facts (cookies found, when they load, who receives data). It does not interpret whether specific legal exemptions or defenses apply to your situation.
Scope limitation: The Service assesses browser-side behavior only. It does not assess server-side tracking (e.g., Facebook Conversions API, server-side Google Tag Manager), internal data governance, Data Processing Agreements, Data Protection Impact Assessments, or cross-border transfer mechanisms.

6. Intellectual Property

All content, software, methodologies, scoring algorithms, classification databases, report templates, and branding associated with Cairn are the intellectual property of Novium Labs LLC and are protected by applicable intellectual property laws.

You may use the audit reports generated for your own internal compliance purposes. You may share reports with your legal counsel, compliance advisors, or technical team. You may not resell, redistribute, or white-label Cairn's reports or methodology without our prior written consent.

7. Data Processing

When you submit a URL for scanning, Cairn processes the following data from the Target Website: HTTP cookies (in both accept and reject consent states), localStorage and sessionStorage contents, network request URLs (including post-reject third-party requests), consent banner presence and behavior, legal page existence, form structure, footer link inventory, page screenshots at each consent phase, and page content necessary for compliance analysis. This data is processed solely to generate your audit report and is retained in accordance with our Privacy Policy.

We do not access, collect, or store any personal data of the Target Website's visitors. Cairn scans are conducted from our servers, not from visitor browsers.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
WE DO NOT WARRANT THAT SCAN RESULTS WILL BE COMPLETE, ACCURATE, OR CURRENT.
IN NO EVENT SHALL CAIRN'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO CAIRN IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.
IN NO EVENT SHALL CAIRN BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Cairn, its owner, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your scanning of a Target Website without authorization; or (d) any third-party claim related to actions you take based on Cairn's audit reports.

10. Termination

We may terminate or suspend your access to the Service at any time, with or without cause, with or without notice. Upon termination, your right to use the Service ceases immediately. Sections 4, 5, 6, 8, 9, and 11 survive termination.

11. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict of law principles. Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in Newark, New Jersey, except that either party may seek injunctive relief in a court of competent jurisdiction.

If you are located in the European Economic Area, United Kingdom, or other jurisdiction that provides mandatory consumer protections, nothing in these Terms limits your rights under applicable consumer protection laws.

12. Changes to These Terms

We may update these Terms at any time. Material changes will be communicated via a notice on the Service or by email. Your continued use of the Service after changes are posted constitutes acceptance of the revised Terms.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions remain in full force and effect.

14. Contact

For questions about these Terms, contact us at: [email protected]