1. Acceptance of Terms

By accessing or using Annot.io ("the Service"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use the Service. These Terms constitute a legally binding agreement between you and Annot.io.

2. Description of Service

Annot.io is a visual feedback tool that allows users to leave comments and annotations directly on live web pages. The Service includes features such as shareable project URLs, guest access, comment threading, and file attachments.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorised use of your account. In accordance with the EU Digital Services Act, you must be at least 16 years of age to create an account. Users under 16 must have verifiable parental or guardian consent.

4. Guest Access

Annot allows project owners to share links with guests who can view and comment without creating an account. Project owners are responsible for managing who they share access with and ensuring that guest access does not violate any applicable privacy or data protection obligations, including the GDPR.

5. Acceptable Use

You agree not to use the Service to leave feedback on websites you do not own or have explicit permission to review, upload content that is illegal, offensive, or infringes on third-party rights, attempt to gain unauthorised access to other users' projects, use the Service for any unlawful purpose including violations of EU consumer protection or competition law, or scrape, copy, or redistribute any part of the Service without permission.

6. Content Ownership

You retain full ownership of all content you submit through Annot, including comments, annotations, and file attachments. By submitting content, you grant Annot a limited, non-exclusive, royalty-free licence to store and display that content solely for the purpose of providing the Service. We will never sell or share your content with third parties for commercial purposes.

7. File Attachments

The Service allows users to upload files as attachments to comments. You are solely responsible for the content of any files you upload. Annot reserves the right to remove any files that violate these Terms or applicable EU law, including regulations around illegal content under the Digital Services Act.

8. Shareable URLs

When you enable public access or guest commenting on a project, you acknowledge that anyone with the link may view or interact with that project. You are responsible for managing and revoking access links when necessary and for ensuring that sharing project data complies with any applicable confidentiality or data protection obligations.

9. Data Protection and Privacy (GDPR)

Annot processes personal data in accordance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and any applicable national data protection laws. As a data controller, Annot is committed to the following:

9.1 Legal basis for processing. We process your personal data on the basis of contractual necessity (to provide the Service), legitimate interests, and where required, your explicit consent.

9.2 Your rights. As a data subject under the GDPR, you have the right to access the personal data we hold about you, request correction of inaccurate data, request erasure of your data ("right to be forgotten"), object to or restrict processing of your data, request portability of your data in a structured, machine-readable format, and withdraw consent at any time where processing is based on consent.

9.3 Data retention. We retain your personal data only for as long as necessary to provide the Service or as required by applicable law. Upon account deletion, your data will be erased within 30 days unless retention is required by law.

9.4 Data transfers. Where personal data is transferred outside the European Economic Area (EEA), Annot ensures that appropriate safeguards are in place in accordance with GDPR requirements, including Standard Contractual Clauses where applicable.

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.5 Data breaches. In the event of a personal data breach, Annot will notify the relevant supervisory authority within 72 hours and affected users without undue delay, in accordance with GDPR Article 33 and 34.

To exercise any of your rights, please contact us at hello@annot.io. You also have the right to lodge a complaint with your local data protection supervisory authority.

10. Intellectual Property

All rights in the Annot platform, including its design, features, and underlying technology, remain the property of Annot. Nothing in these Terms grants you any right to use Annot's name, logo, or branding without prior written consent. Any feedback or suggestions you provide about the Service may be used by Annot without obligation to you.

11. Availability

We aim to keep the Service available at all times but do not guarantee uninterrupted access. We reserve the right to modify, suspend, or discontinue any part of the Service at any time. Where possible, we will provide reasonable advance notice of any significant changes or planned downtime.

12. Limitation of Liability

To the fullest extent permitted by applicable EU law, Annot shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Service. Nothing in these Terms limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under EU law. Our total liability to you shall not exceed the amount you paid for the Service in the three months preceding the claim.

13. Consumer Rights

If you are a consumer based in the EU, you have the right to withdraw from these Terms within 14 days of entering into them, in accordance with the EU Consumer Rights Directive. This right does not apply once the Service has been fully performed with your prior express consent.

14. Termination

We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms. You may also delete your account at any time through your account settings. Upon termination, your personal data will be handled in accordance with our Privacy Policy and GDPR obligations.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of any significant changes by email or through the Service at least 30 days before they take effect. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you may terminate your account before they take effect.

16. Governing Law and Disputes

These Terms are governed by EU law and the laws of the member state in which Annot is established. Any disputes arising under these Terms shall first be referred to mediation. If unresolved, disputes shall be subject to the exclusive jurisdiction of the competent courts in Annot's country of establishment. If you are a consumer in the EU, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

17. Contact

If you have any questions about these Terms or wish to exercise your data protection rights, please contact us at: hello@annot.io