Who this is for
Practices subscribing to Consential, not their patients — patient terms live in the Privacy Policy.
Scope of service
Consential provides a software-as-a-service platform for managing website visitor consent related to third-party tracking technologies: a JavaScript widget for consent capture and script blocking, a dashboard for consent management and audit log review, a hosted preference center for visitor consent management, and integration tools for syncing consent data with third-party systems. The service does not include legal advice, compliance consulting, risk assessments, or legal review of subscriber content.
Subscriber obligations
Subscriber acknowledges that the service is one component of a comprehensive compliance program. Subscriber is solely responsible for determining the legal sufficiency of consent language displayed to visitors, conducting required HIPAA risk assessments, identifying and configuring all tracking scripts on the subscriber's website, ensuring tracking technologies not managed by the Consential widget comply with applicable law, and maintaining a Business Associate Agreement with Consential/EFFVIT Group.
Subscription & billing
Monthly per-practice billing across Starter, Professional, and Enterprise tiers.
Disclaimer of compliance guarantee
Consential does not warrant that use of the service will result in compliance with HIPAA, state privacy laws, or any other regulation. The service is provided as-is with respect to regulatory compliance outcomes, and Consential disclaims any warranty that the service will prevent regulatory enforcement actions, investigations, fines, or litigation — see the full Risk Disclosure.
Limitation of liability
Consential's aggregate liability is capped at the total fees paid by subscriber in the twelve months preceding a claim. Consential is not liable for indirect, incidental, consequential, special, or punitive damages, including regulatory fines, legal fees, or settlement costs, regardless of the theory of liability.
Indemnification
Subscriber agrees to indemnify and hold harmless Consential, EFFVIT Group, and their officers, employees, and agents from claims, damages, or expenses arising from subscriber's use of the service, subscriber's failure to comply with applicable law, the content of subscriber's privacy policy or consent language, or any tracking technologies on subscriber's website not managed by the Consential widget.
Termination & data export
How a practice can cancel and what happens to their consent history afterward.