Terms of Service

1. Scope and Provider

These Terms of Service ("Terms") govern your use of the Captchacat CAPTCHA service ("Service"), operated by the provider identified in the Legal Notice (Impressum). By creating an account, integrating the widget, or otherwise using the Service, you ("Customer") agree to these Terms.

2. Description of the Service

Captchacat provides a proof-of-work CAPTCHA and bot-detection service designed to protect websites and applications from automated abuse. The Service includes the challenge widget, the verification API, the customer dashboard, and related documentation.

3. Account Registration

To use the Service you must register an account with a valid email address. You are responsible for maintaining the confidentiality of your credentials and API keys. You must notify us immediately of any unauthorized use of your account.

4. Permitted Use

The Customer agrees to:

• Use the Service only for lawful purposes and in compliance with all applicable laws.
• Not attempt to circumvent, reverse-engineer, or interfere with the security mechanisms of the Service.
• Not resell, sublicense, or redistribute the Service to third parties without prior written consent.
• Not use the Service to facilitate illegal activities, distribute malware, or collect personal data in violation of applicable data protection laws.

5. Service Tiers and Billing

The Service is offered in different tiers (including a free tier). Paid tiers are billed according to the pricing displayed on the website and the dashboard at the time of subscription. Prices may change with 30 days' prior notice. Payments are processed via Stripe. Refunds are handled in accordance with applicable consumer protection laws.

6. Liability

The provider is liable without limitation for damages caused intentionally or through gross negligence, as well as for injury to life, body, or health, and in cases of mandatory statutory liability (e.g., under the German Product Liability Act).

In cases of slight negligence, the provider is liable only for breaches of material contractual obligations whose fulfilment is essential for the proper performance of this Agreement and on whose compliance the Customer may reasonably rely (cardinal obligations). In such cases, liability is limited to damages that are typically foreseeable for agreements of this kind. The typically foreseeable damages shall not exceed the total net remuneration paid or owed by the Customer for the Service in the calendar year in which the damaging event occurred.

The provider endeavours to maintain high availability of the Service but does not guarantee uninterrupted or error-free operation. Scheduled and unscheduled maintenance, network disruptions, force majeure, or other circumstances beyond the provider's reasonable control may lead to temporary unavailability. The Service cannot guarantee the complete prevention of automated abuse; liability for bot traffic that bypasses the Service is excluded to the extent permitted by law.

The above limitations of liability also apply to the personal liability of the provider's employees, representatives, and agents.

7. Release Obligations

If third parties assert claims against the provider based on the allegation that the Customer has breached its contractual obligations — in particular through use of the Service in violation of data protection, copyright, or competition law — the Customer shall release the provider from such claims without undue delay and shall provide reasonable support in the legal defence at the Customer's expense. This release obligation does not apply if the Customer is a consumer.

The release obligation is subject to the condition that the provider informs the Customer of asserted claims without undue delay, does not make any acknowledgements or equivalent declarations without the Customer's consent, and — to the extent possible — enables the Customer to conduct the defence of such claims.

8. Data Protection

The processing of personal data is governed by our Privacy Policy. The Service is designed with privacy by default: we minimize data collection, do not use tracking cookies, and do not sell personal data to third parties. Captchacat is hosted in Germany and complies with the GDPR.

9. Intellectual Property

All rights, title, and interest in the Service, including its software, design, trademarks, and documentation, remain the exclusive property of the provider. The Customer is granted a limited, non-exclusive, revocable license to use the Service in accordance with these Terms.

10. Term and Termination

These Terms are effective upon account creation and remain in effect until terminated. Either party may terminate at any time. The Customer may delete their account via the dashboard. We may suspend or terminate access if these Terms are violated. Upon termination, the Customer's right to use the Service ceases immediately. Provisions that by their nature should survive (including liability limitations, indemnification, and governing law) shall survive termination.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or a prominent notice on the dashboard at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

12. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from these Terms is the registered seat of the provider, unless mandatory consumer protection law provides otherwise.

13. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that achieves the economic purpose of the original as closely as possible.

14. Contact

For questions regarding these Terms, please contact us via the information provided in the Legal Notice (Impressum).