1. General conditions1.1 Your use of the sweetCAPTCHA services ("API" or "Services") is subject to these Terms of Service and constitutes a legal agreement between you and sweetCAPTCHA.
1.2 You represent and warrant that you have full authority to accept the Terms.
2. Accepting the Terms2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you in the user interface for the sweetCAPTCHA service; or
(B) by actually using the sweetCAPTCHA service. In this case, you understand and agree that sweetCAPTCHA will treat your use of the Services as acceptance of the Terms from that point onwards.
3. Provision of the Services 3.1 You may stop using the Services at any time. You do not need to specifically inform sweetCAPTCHA when you stop using the Services.
3.2 You acknowledge and agree that if sweetCAPTCHA disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
4. Description of the sweetCAPTCHA serviceThe sweetCAPTCHA service provides images (collectively, "Images") that are useful for distinguishing between humans and computers for the purposes of preventing abuse of a website, and also harnesses the power of humans. To use the sweetCAPTCHA service, you must comply with the documentation located here. You may also use a script pre-built for an Application you use, such as the ones listed here. In order to make use of the API in any form, you register with sweetCAPTCHA obtain a Key (which consists of a public and private component provided by the Website, and entitles a website to make queries through the API) consisting of a "key" and a "secret key". Specifically, when a third party (which may be either a human or a computer) wishes to access your website, your website embeds a service script which includes your " key." Your website then contacts the Services (an "API Query"), which then provide the third party with one or more Images and tokens identifying those Images. The third party then enters his/her/its interpretation of those Images and submits those interpretations to your website, along with the tokens associated with the Images. Your website then sends the third party's interpretations and the tokens to the Services (using your "secret key" to identify your Application), which then determine whether the third party has interpreted the Images sufficiently well that there is high confidence that the third party is a human. The Services then relay to your website its determination of whether or not there is high confidence that the third party is a human.
5. Use of the Services by You5.1 In order to use the sweetCAPTCHA service, you must register an account and receive a secret key here. You agree that any registration information you provide to sweetCAPTCHA will always be accurate, correct and up to date.
5.2 You agree to use the Services only for purposes (a) that are permitted by the Terms, any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries), and (b) that do not violate the legal rights of any third party, including but not limited to copyrights, trademarks, rights of privacy, and rights against defamation.
5.3 You agree not to access (or attempt to access) any of the Services or API by any means other than through the interface and API that is provided by sweetCAPTCHA.
5.4 You agree that you will not engage in any activity that interferes with or disrupts the sweetCAPTCHA services (or the servers and networks which are connected to the sweetCAPTCHA service).
5.5 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the any part including graphics, images and code of the sweetCAPTCHA service for any purpose.
5.7 You agree that you are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. Further, you agree sweetCAPTCHA is in no way responsible to you or any third party for anything related to your End User's use or misuse of your service, your service or your Application.
6. Limitation on Use of Services; Prohibition on Storing Images and Reverse Engineering.Upon obtaining an API Key, you will have a non-exclusive, limited right to use the Services solely for the purpose of receiving the Services' determination of whether or not there is high confidence that the third party interacting with your website is a human. You are prohibited from (i) storing Images received from the Services, and from displaying them multiple times, (ii) using the Images received from the Services as input to algorithms that attempt to process them, (iii) reverse engineering any aspect of the Services, and (iv) using the Images and any other data or information generated from the access and use of the Services (other than for the purpose of receiving the Services determination of whether or not there is a high confidence that the third party interacting with your website is a human).
7. Content in the Services7.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are provided "as is" and that, in this respect, you use the Services at your own risk. All such information is referred to below as the "Content."
7.2 You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part).You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained in the Content.
8. Proprietary Rights8.1 You acknowledge and agree that sweetCAPTCHA own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the sweetCAPTCHA service (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
8.2 Nothing in the Terms gives you a right to use any of sweetCAPTCHA's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
8.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
9. Ending Your sweetCAPTCHA services9.1 The Terms will continue to apply until terminated by either you or sweetCAPTCHA as set out below.
9.2 You may terminate Terms with sweetCAPTCHA by discontinuing your use of the Services at any time.
9.3 sweetCAPTCHA may at any time, terminate the Terms with you at its sole discretion, without prior notice to you if:
(A) you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) sweetCAPTCHA is required to do so by law (for example, due to a change to the law governing the provision of the API); or
(C) the API relies on data or services provided by a third party partner and the relationship with such partner (i) has expired or been terminated or (ii) requires sweetCAPTCHA to change the way sweetCAPTCHA provides the data or services through the API; or
(D) providing the API could create a security risk or material technical burden as determined by sweetCAPTCHA in its reasonable good faith judgment.
10. EXCLUSION OF WARRANTIES10.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
10.2 IN PARTICULAR, sweetCAPTCHA, ITS SUBSIDIARIES AND AFFILIATES, DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
10.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
10.4 sweetCAPTCHA FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. LIMITATION OF LIABILITY11.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 16.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT sweetCAPTCHA, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH sweetCAPTCHA MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(IV) THE FAILURE OF THE SERVICES TO DETECT NON-HUMAN USERS THROUGH YOUR USE OF THE SERVICES;
(V) YOUR FAILURE TO PROVIDE sweetCAPTCHA WITH ACCURATE ACCOUNT INFORMATION;
(VI) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
11.2 THE LIMITATIONS ON sweetCAPTCHA'S LIABILITY TO YOU IN PARAGRAPH 11.1 ABOVE SHALL APPLY WHETHER OR NOT sweetCAPTCHA HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
21. General Legal Terms21.3 You agree that sweetCAPTCHA may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
21.4 You agree that if sweetCAPTCHA does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of sweetCAPTCHA's rights and that those rights or remedies will still be available to sweetCAPTCHA.
21.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
21.7 The Terms, and your relationship with sweetCAPTCHA under the Terms, shall be governed by the laws of the State of Israel the District of Tel Aviv, without regard to its conflict of laws provisions. You and sweetCAPTCHA agree to submit to the exclusive jurisdiction of the courts located within the state of Israel to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that sweetCAPTCHA shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.