hCaptcha Terms of Service
Welcome to hCaptcha! These Terms of Service are entered into by and between you or the entity you represent (“you” or “user”) and Intuition Machines, Inc. (“IMI”, “we” or “us”). The following terms and conditions, together with any additional terms and conditions incorporated by reference (collectively, the “Terms of Service”) govern your use and access of our website at www.hcaptcha.com (the “Site”) and the Service, defined below.
Please read this Agreement CAREFULLY, as they may have changed. Please note that we may revise and update these Terms of Service from time to time in our sole discretion. In the event of a material change, we will notify you by posting the updated Terms of Service on this page, after which you must affirmatively accept the updated Terms of Service in order to continue using or accessing the Site or the Service.
You represent and warrant that you are at least eighteen years old and have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent, if any).
If you do not agree with all of the terms and conditions of these Terms of Service, do not (and you may not) use or access the Site or the Services.
If you do not agree to these Terms of Service, you may not use or access the Site or the Service.
Access to the Site
Subject to these Terms, IMI grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site, subject to the restrictions contained herein.
Your access to and use of the Site and the Service may be interrupted from time to time for any reason, including but not limited to malfunction of equipment, periodic updating, maintenance or repair of the Site or associated equipment, or other actions that IMI, in its sole discretion, may elect to take. In no event will IMI be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime of the Site or the Service.
IMI reserves the right, at any time, to modify, suspend, or discontinue portions or all of the Site or the Service with or without notice. IMI has no obligation to provide any support or maintenance in connection with the Site or the Service.
In order to access certain parts or functionality of the Site or to use the Service, you must register for an account and provide certain information about yourself when prompted.
You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
Using the Service
Subject to these Terms of Service, IMI authorizes you to access and use the hCaptcha application program interface and related software and materials (the “Service”) made available through the Site. Your access and use of the Service does not grant any ownership interest in the Service or any associated intellectual property rights.
We will provide the interface and instructions by which you may access and use the Service. Any access or use of the Service other than pursuant to the interface and instructions we provide is strictly prohibited.
You acknowledge and agree that the Service works, in part, by collecting information input by end users and sharing that information with IMI for our general business use (including distribution to third parties). You agree that you are solely responsible for collecting any necessary notices, consents, or permissions to collect and share this data with IMI for the purposes described herein. Without limiting the generality of the forgoing, you must use commercially reasonable efforts to disclose clearly, and obtain consent to, any data collection, sharing and usage that takes place on any site, app, email publication or other property as a consequence of your use of the Service; and you must use commercially reasonable efforts to ensure that an end user is provided with clear and comprehensive information about, and consents to, the storing and accessing of cookies or other information on the end user’s device where such activity occurs in connection with the Service.
You will not (and will not allow any third party to) use or access the Site or the Service in violation of these Terms of Service or any applicable law, regulation, or legal obligation or restriction imposed upon you by a third party.
You will not (and will not allow any third party to): (a) use any robot, spider, scraper, or other automatic or manual device, process, or means to access or copy the Site or any portion of it, except as expressly authorized by us; (b) rent, lease, copy, provide access to, or sublicense any portion of the Site or the Service to a third party; (c) use any portion of the Site to provide, or incorporate any portion of the Site into, any product or service provided to a third party; (d) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code of the Site or the Service; (e) modify the Site or the Service or create any derivative product from any of the foregoing; or (f) remove or obscure any proprietary or other notices contained in the Site, including but not limited our branding or logos (if any).
In addition, you will not (and will not allow any third party to): (a) misuse the Site or the Services, including but not limited to by accessing or using the Service other than by the interface and instructions we provide; (b) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Site or the Service; (c) use the Site or the Service in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (d) attempt, in any manner, to obtain the username, password, account, or other security information from any other user of the Site or the Service; (e) violate the security of any computer network or crack any passwords or security encryption codes; or (f) post or transmit any file or email to us which contains viruses, worms, Trojan horses, or any other damaging or destructive elements.
You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site, the Service and any related content are owned by IMI or its licensors. No third party any rights, title or interest in or to such intellectual property rights are granted or transferred to you, except for the limited rights expressly provided. IMI reserves all rights not granted in these Terms of Service. There are no implied licenses granted under these Terms of Service.
To the fullest extent permitted by law, the Site and the Service (and any other associated services, information, data, features, and other content or materials) are provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law, IMI excludes all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Indemnification of IMI by You
You will indemnify, defend, and hold harmless IMI and its officers, directors, employees, subcontractors, agents, successors and assigns from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from or relating to any breach of these Terms of Service by you or any act or omission by you with respect to the Site (including, but not limited to, failure to provide proper notice to, or obtain proper consents from, end users as required by these Terms of Service).
Limitation of Liability
To the fullest extent permitted by law, IMI SHALL NOT BE LIABLE OR RESPONSIBLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OPPORTUNITY, OR BUSINESS, ARISING IN WHOLE OR IN PART FORM YOUR ACCESS (OR LACK THEREOF) TO THE SITE, YOUR USE OF THE SERVICES ASSOCIATED WITH THE SITE, OR THIS AGREEMENT, EVEN IF IMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IMI’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $1,000 (one thousand U.S. dollars).
These Terms of Service will be governed by the laws of the State of California (without regard to conflict of laws rules). All claims arising out of or relating to these Terms of Service will be litigated exclusively in the federal or state courts of or in San Francisco County, California and you and IMI hereby consent to personal jurisdiction in those courts.
You may not assign, transfer, or delegate these Terms of Service or your rights or obligations hereunder in any way (by operation of law or otherwise).
These Terms of Service will constitute the entire agreement between you and IMI concerning the subject matter described herein. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Service, which shall remain in full force and effect.
Please contact us at [email protected] if you have any questions regarding these Terms of Service.