Terms of Service

These Terms of Service (“Terms”) govern your access to and use of BotSigged’s bot detection and fraud prevention services (the “Services”). By accessing or using our Services, you agree to be bound by these Terms.

1. Definitions

“Customer” means the entity that has agreed to these Terms and is using the Services.

“End User” means any individual who visits or interacts with Customer’s website or application that integrates the Services.

“Services” means BotSigged’s bot detection, fraud prevention, and related analytics services.

“Documentation” means the technical documentation, API references, and integration guides we provide.

2. Account Registration

To use the Services, you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that violate these Terms.

3. Use of Services

3.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes.

3.2 Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Services to violate any applicable law or regulation
• Attempt to reverse engineer, decompile, or disassemble the Services
• Interfere with or disrupt the integrity or performance of the Services
• Attempt to gain unauthorized access to the Services or related systems
• Resell, sublicense, or redistribute the Services without our written consent
• Use the Services to discriminate against individuals or groups
• Transmit malicious code or attempt to compromise our infrastructure

3.3 Integration Requirements

When integrating the Services into your website or application, you must:

• Implement the Services according to our Documentation
• Maintain appropriate security measures for your API keys and credentials
• Not modify or tamper with the Services’ detection mechanisms
• Ensure your use complies with applicable privacy laws

4. Data and Privacy

4.1 Customer Data

You retain all rights to data you provide to us. You grant us a license to process this data solely to provide the Services.

4.2 Data Processing

We process data in accordance with our Privacy Policy and, where applicable, our Data Processing Agreement. We act as a data processor on your behalf for End User data.

4.3 Your Responsibilities

You are responsible for:

• Providing appropriate privacy notices to End Users
• Obtaining any necessary consents required by applicable law
• Ensuring your use of the Services complies with your own privacy policy

5. Fees and Payment

5.1 Pricing

Fees for the Services are set forth in your subscription plan or order form. We may change pricing with 30 days’ notice before your next billing cycle.

5.2 Payment Terms

• Fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated
• Overdue amounts accrue interest at 1.5% per month or the maximum legal rate
• We may suspend Services for non-payment after 15 days’ notice

5.3 Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes, except for taxes based on our net income.

6. Intellectual Property

6.1 Our Rights

We retain all rights, title, and interest in the Services, including all intellectual property rights. These Terms do not grant you any rights to our trademarks, logos, or brand features.

6.2 Feedback

If you provide suggestions or feedback about the Services, we may use it without obligation to you.

7. Confidentiality

7.1 Confidential Information

Each party agrees to protect the other’s confidential information using reasonable care. Confidential information includes business information, technical data, and any information marked as confidential.

7.2 Exclusions

Confidential information does not include information that:

• Is or becomes publicly available without breach
• Was known to the receiving party prior to disclosure
• Is independently developed without use of confidential information
• Is rightfully obtained from a third party

8. Warranties and Disclaimers

8.1 Our Warranties

We warrant that:

• The Services will perform substantially as described in the Documentation
• We have the right to provide the Services
• We will use commercially reasonable efforts to maintain Service availability

8.2 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will be error-free or uninterrupted
• All bots will be detected or all humans will be verified
• The Services will meet your specific requirements

9. Limitation of Liability

9.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION.

9.2 Liability Cap

OUR TOTAL LIABILITY ARISING FROM THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.

9.3 Exceptions

These limitations do not apply to:

• Breaches of confidentiality obligations
• Violations of intellectual property rights
• Your payment obligations
• Willful misconduct or gross negligence

10. Indemnification

10.1 By Us

We will defend, indemnify, and hold you harmless from claims that the Services infringe a third party’s intellectual property rights.

10.2 By You

You will defend, indemnify, and hold us harmless from claims arising from:

• Your use of the Services in violation of these Terms
• Your violation of applicable laws
• Your End Users’ claims related to your website or application

11. Term and Termination

11.1 Term

These Terms commence when you accept them and continue until terminated.

11.2 Termination for Convenience

Either party may terminate with 30 days’ written notice at the end of the current billing period.

11.3 Termination for Cause

Either party may terminate immediately if the other party:

• Materially breaches these Terms and fails to cure within 30 days of notice
• Becomes insolvent or files for bankruptcy

11.4 Effect of Termination

Upon termination:

• Your access to the Services will cease
• You must pay any outstanding fees
• We will delete your data within 90 days, unless legally required to retain it
• Sections on confidentiality, intellectual property, limitation of liability, and indemnification survive

12. General Provisions

12.1 Modifications

We may modify these Terms by posting updated terms on our website. Continued use after modifications constitutes acceptance. Material changes will be communicated with 30 days’ notice.

12.2 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

12.3 Governing Law

These Terms are governed by the laws of Delaware, USA, without regard to conflict of law principles.

12.4 Dispute Resolution

Any disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive relief in court for intellectual property matters.

12.5 Entire Agreement

These Terms, together with the Privacy Policy and any order forms, constitute the entire agreement between the parties regarding the Services.

12.6 Severability

If any provision is found unenforceable, the remaining provisions continue in effect.

12.7 Waiver

Failure to enforce any provision does not constitute a waiver of future enforcement.

12.8 Notices

Notices must be sent via email or postal mail to the addresses on file. Notices to us should be sent to [email protected].

13. Contact Us

For questions about these Terms, contact us at:

Email: [email protected]

Address: BotSigged, Inc.