1. Scope of Application and Definitions
1.1 Definitions
Provider: Intmaker OÜ (registration code 16430441), registered at Pärnu mnt 139b, Tallinn, Harjumaa, Estonia, 11317, the entity offering the Private Captcha. Hereinafter also: “we”, “us”, “our”.
- Service: The Private Captcha managed solution that provides bot protection, available via website privatecaptcha.com .
- Customer: The individual or business that uses the Service. Hereinafter also: “you”, “your”.
- Protected Website(s): Customer’s website(s) that are registered in and integrated with the Service.
- End User: The user that interacts with the Service, integrated on the Protected Website(s) of the Customer.
1.2 Applicability
These Terms govern all aspects of Customer’s use of our Service and establish the contractual relationship between Customer and Provider. Any deviating, supplementary, or conflicting terms from the Customer shall not become part of the contractual relationship, even if we are aware of them and do not explicitly object. Individual agreements made in writing shall take precedence over these Terms.
2. Scope of services
2.1 Service Overview
The Provider offers a Service designed to protect the Protected Websites against automated programs and scripts (“bots”). The Service includes both client-side protection software that is integrated into the Protected Website(s), and server-side validation services. Client-side protection is enabled by using a site key that is issued during registration of a Protected Website in the Service, and validation service is accessed using a Customer’s API key.
Service helps to identify and block automated attacks by requiring user verification that protects from bots while minimizing the impact on legitimate users.
2.2 Service Limitations
The Customer acknowledges that the Service, while effective, cannot guarantee 100% protection against all types of bots and automated attacks. The service is designed to make automated access unprofitable or difficult but cannot completely eliminate all potential automated access.
2.3 Modification of the Service
The Provider reserves the right, at its sole discretion, to modify, enhance, or otherwise change any aspect of the Service, including, but not limited to, execution, features, or technical specifications, at any time. In case of material changes that significantly affect the functionality or performance of the Service, we will notify you at least one (1) month in advance. If you do not agree to these changes, you may choose to discontinue using the Service before the changes take effect. Such modifications shall not constitute a breach of these Terms or a defect.
3. Contract Formation, Duration and Termination
3.1 Contract Formation
A contract is concluded when you submit an order through our website and we confirm your order via email or through a signed order form. Any individual agreements or amendments must be in writing and take precedence over these standard Terms.
3.2 Contract Duration
When submitting an order on our website, you select an initial contract duration of twelve (12) months or one (1) month. Upon the conclusion of this period, contract automatically renews for successive period of equal length, unless terminated in accordance with these Terms.
3.3 Termination
Either party has the right to terminate this contract at any point. Upon termination, the Customer must immediately cease using the Service.
The Provider reserves the right to suspend or terminate access if Customer breaches these Terms, or if continued use threatens the security or integrity of the Service, or after Customer defaults on payment longer than the grace period defined in these Terms.
Upon termination, all rights granted to the Customer cease immediately.
4. Pricing, Billing, and Payment Terms
4.1 Pricing Model
Service is available on a subscription basis (monthly or yearly), with a two (2) week free trial period for evaluation.
Each subscription plan includes a limited number of requests to our backend services per month. If you require more requests than what is offered in your selected plan, you must upgrade to a plan with a higher limit.
All prices are exclusive of VAT.
Provider reserves the right to offer additional services that may include, but are not limited to, setup help, additional features, customization options, or premium support. Any fees associated with these add-on services will be separately communicated and agreed upon in writing.
4.2 Payment Processing
Payments are processed via our chosen payment provider (Paddle) and are subject to Paddle’s Checkout Buyer Terms and Conditions. Accepted payment methods include credit cards and other electronic means as provided by the payment provider.
4.3 Late Payments and Default
In case the payment is late for more than one (1) week, Service will be suspended until the payment is received. In case payment is not received after a grace period of four (4) weeks, the contract will be terminated.
4.4 Cancellation and Refunds
In case of termination of the contract, the Provider retains the right to remuneration for the services provided up to that point. For services not yet provided, the Customer is entitled to a pro-rated refund, excluding any add-on services already delivered. Refunds are processed within 14 days of termination upon written customer request.
4.5 Pricing changes
We may adjust our pricing from time to time. If we make changes to our prices, we will notify you at least one (1) month in advance. Continued use of the Service after the effective date of the new pricing will constitute your acceptance of the updated prices. If you do not agree with the new prices, you may choose to discontinue using the Service before the changes take effect. Price changes will not apply to any active fixed-term contracts until the end of their agreed term.
5. Customer Obligations and Permitted Use
5.1 Service Implementation
The Customer is responsible for proper implementation of the Service on their websites according to our technical documentation. The Provider makes implementation instructions available online but does not provide implementation services unless separately agreed and paid for.
The Customer is responsible for informing the End User about the use of Service in the privacy policy of their Protected Website(s) and obtaining their consent if required. The Provider might offer sample text or suggestions for privacy policy, which are for information purposes only, do not constitute a legal advice and are not intended for direct adoption. The Customer is responsible for the content of their privacy policy.
5.2 Attribution
Unless otherwise agreed or included in the purchased subscription plan, the Customer must attribute the Provider by displaying the Provider’s name and providing a link to the Provider’s website where the Service is used. This attribution must not suggest the Provider’s endorsement of the Customer’s website.
5.3 Permitted Use
The Customer agrees to use the Service in compliance with all applicable laws and regulations. The Customer shall not use the service for illegal purposes or in a manner that infringes third-party rights, including intellectual property rights, data protection laws, or competition laws.
5.4 Excluded Use
The Customer shall not use the Service in connection with or for the operation of, critical infrastructure such as power stations, military or defense facilities, medical equipment, or any other systems where failure or impairment could lead to unforeseeable economic or physical damage, including but not limited to critical infrastructure as defined in the European Council Directive 2008/114/EC.
5.5 Account Security
The Customer is responsible for maintaining the security of their account’s credentials, API keys, and site keys provided by the Provider. The Customer must notify the Provider immediately of any unauthorized use or suspected security breach.
6. Defects, Support, and Service Levels
6.1 Defect Reporting and Remediation
The Customer must notify us promptly in writing of any defects or errors encountered in the Service within 2 months from the date of discovery of the defect. Claims not reported within this period shall be deemed waived.
The Service is provided on an “as is” and “as available” basis. While the Provider makes reasonable efforts to ensure the quality and reliability of the Service, it may contain minor imperfections or limitations that do not materially affect its core functionality and shall not be considered defects.
The Provider’s liability for defects is limited to making commercially reasonable efforts to remedy such defects, where reasonably possible. To the fullest extent permitted by applicable law, the Provider disclaims all liability for any defects that existed at the commencement of the Service or that do not substantially impair the intended use of the Service.
6.2 Support Services
Support is available to Customer via email and our internal ticketing system during our standard support hours, which are Monday to Friday, 9:00 AM to 5:00 PM EET (Eastern European Time), excluding public holidays in Estonia. Response times are not guaranteed but we strive to address all support requests within 24 business hours.
Additionally, we provide extensive self-service documentation to assist with integration and troubleshooting.
6.3 Service Availability
Service is provided “as is” and “as available” without any formal service-level guarantees. Provider will make commercially reasonable efforts to maintain high service availability.
In case of scheduled maintenance, the Customer will be informed in advance where possible and the Provider will try to minimize the duration and impact of service interruptions.
7. Limitation of Liability and Indemnification
7.1 Limitation of Liability
The Provider’s liability is limited to direct damages caused by intentional acts or gross negligence. For cases of carelessness, liability is limited to breaches of essential contractual obligations, with compensation restricted to foreseeable and typical contractual damages. The Provider assumes no liability for any other damages resulting from carelessness. Notwithstanding anything to the contrary, the Provider shall not be liable for any downtime, service interruptions, or data loss resulting from scheduled or unscheduled maintenance activities.
7.2 Liability Cap
The total liability of the Provider for any claims arising out of or in connection with these Terms or the Service shall not exceed the total net fees paid by the Customer for the Service for the calendar year in which the claim arose.
7.3 Release Obligations and Indemnification
You agree to indemnify and hold harmless Provider from any claims, damages, or losses arising from your misuse of the Service or breach of these Terms. Furthermore, if any third party (including public authorities) makes a claim against Provider as a result of your use of the Service in violation of these Terms or applicable law, you agree to promptly release and hold Provider harmless from such claims and provide reasonable assistance in defending against them, including covering legal defense costs. This obligation does not apply when the Provider’s actions constitute gross negligence or willful misconduct.
7.4 Assignment Prohibition
The assignment of any claims against the Provider to third parties is not permitted without our prior written consent. Any such purported assignment shall be null and void.
8. Data Handling and Privacy
8.1 Data Processing
When processing End User personal data (within the meaning of Art. 4 (1) GDPR), the Provider acts as a processor under Art. 4(8) GDPR, with the Customer acting as the controller under Art. 4(7) GDPR. If the Provider processes End User personal data, that is subject to the EU General Data Protection Regulation (GDPR), the Data Processing Agreement that complies with Art. 28 GDPR shall apply.
8.2 Customer Data
The Provider will treat Customer data confidentially and use it solely for providing and improving the service. The Provider will not sell, rent, or otherwise make Customer data available to third parties except as necessary to provide the service or as required by law.
8.3 Reference Rights
The Customer agrees that the Provider may, with or without the Customer’s prior consent (unless otherwise expressly agreed in writing), refer to the Customer’s name, company, logo, and a brief description of the Service provided, for marketing and reference purposes. If the Customer does not wish to be named as a reference, they must notify the Provider in writing within 30 days of contract commencement.
8.4 Confidentiality
Each party agrees to keep confidential and not disclose to any third party, except as required by law or with the prior written consent of the other party, any confidential or proprietary information disclosed during the term of these Terms.
Confidential Information includes, but is not limited, to technical data, trade secrets, business plans, pricing information, and any other information that is designated as confidential by the disclosing party in any form (e.g., written, oral, electronic).
Confidential Information excludes: information known prior without confidentiality obligations; information that becomes public through no fault of the receiver; information legally disclosed by third parties; or information independently developed without reference to the disclosed information.
In case of doubt, the Parties shall treat any relevant information as confidential and consult the other Party prior to any disclosure.
This obligation shall survive the termination of agreements concluded under these Terms.
8.5 Privacy
Our Privacy Policy and its sub-policies explain the way we handle and protect Customer and End User data in relation to the Protected Website(s), your use of the Service, and your browsing of websites on the domain and all subdomains of privatecaptcha.com . By agreeing to the present Terms and to be able to use the Service, you also agree to our Privacy Policies.
9. Intellectual Property Rights and License
9.1 Ownership
All rights, title, and interest in the Service, including all intellectual property rights in the software, documentation, and other materials, remain the exclusive property of the Provider or its licensors. Nothing in this Agreement transfers any ownership rights to the Customer.
9.2 License Grant
Subject to these Terms, the Provider grants the Customer a limited, non-exclusive, non-transferable, and revocable license to integrate and use the Service on the Protected Website(s) registered in our system.
9.3 Restrictions
The usage authorization is limited to the Protected Website(s). Integration with any third-party websites, including, but not limited to, affiliated companies or websites managed on behalf of Customer, is prohibited, unless prior written consent is obtained from the Provider.
Customer shall not reverse engineer, decompile, modify, or distribute any part of our Service or its underlying software, unless to the extent permitted by applicable law.
10. Amendments and Final Provisions
10.1 Amendments
We reserve the right to amend these Terms at any time. Customer will be notified about such amendments over email at least four (4) weeks before the effective date. Continued use of the Service after the changes become effective constitutes Customer acceptance of the amended Terms.
10.2 Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Estonia. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the registered office of Provider. However, the Provider reserves the right to initiate proceedings at the Customer’s principal place of business, where appropriate.
10.3 Severability and Entire Agreement
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms constitute the entire agreement between the parties regarding the use of the Service and supersede all prior agreements.