Terms and Conditions | Trustcaptcha

1 Scope of application

1.1 These terms and conditions govern the use of the CAPTCHA solution and related services of Trustcaptcha GmbH, Hans-Böckler-Straße 32, 80995 Munich, Germany (hereinafter also referred to as "Provider", "we" or "us") and the contractual relationship with you (hereinafter also referred to as "User").

1.2 In the event of contradictions or conflicts between these terms and conditions and other terms and conditions of other parties that may arise in connection with the use of services of Trustcaptcha GmbH, these terms and conditions shall apply exclusively. Any other terms and conditions, whether from the user himself or from third parties, are hereby explicitly rejected and are not part of the contractual relationship between the user and Trustcaptcha GmbH. This also applies if Trustcaptcha GmbH is aware of them and does not separately object to their validity in individual cases.

1.3 Individual agreements made with the user in individual cases always take precedence over these terms and conditions. Agreements, deviations or additions to these terms and conditions require explicit consent of Trustcaptcha GmbH in text form and in case of doubt, labelling by Trustcaptcha GmbH as ‘deviation from the terms and conditions of Trustcaptcha’.

1.4 Our offers and services are aimed at companies and entrepreneurs as defined by Section 14 of the German Civil Code (BGB), as well as legal entities under public law or special funds under public law as defined by Section 310 (1) of the German Civil Code (BGB). Consumers (non-entrepreneurs) within the meaning of Section 13 of the German Civil Code (BGB) are expressly excluded from using our services.

2 Conclusion of the contract and scope of services

2.1 The contract for the use of a service is concluded as soon as we accept the user's order by sending an order confirmation by e-mail.

2.2 The subject of the contract are the services and products offered and provided by Trustcaptcha GmbH. In particular, the object are the different service packages for the Trustcaptcha CAPTCHA protection. The specific scope of services and the nature of the contractual services are set out in the order confirmation from Trustcaptcha GmbH and these terms and conditions. The user understands and accepts that the CAPTCHA solution cannot offer 100 percent protection against all types of bots and spam.

2.3 Trustcaptcha grants the user a non-exclusive right to use the Trustcaptcha service, limited to the term of this contract. This authorisation applies exclusively to the user and is limited to the user's websites. The integration of third parties, e.g. affiliated companies or customers of the user is possible but requires the consent of Trustcaptcha GmbH. The transfer or joint use of a site key with third parties is not permitted without the prior consent of Trustcaptcha GmbH.

2.4 The proper setup and implementation of Trustcaptcha on the user's website is the responsibility of the user. The provider makes instructions or technical resources available online. The provider is not responsible for any adaptations or technical requirements of the user's websites.

2.5 The user is entitled to online support from Trustcaptcha GmbH if this is included in the booked service package or for an additional fee. The support can be by e-mail or via an online ticket system. Trustcaptcha GmbH reserves the right to determine and if necessary, adjust support times.

2.6 Trustcaptcha GmbH reserves the right to adapt, expand or change the services offered as well as the functions and technical requirements of the service at any time, especially in order to reflect technical progress, implement legal requirements or improve the quality of the service. Changes that have a significant impact on the use of the service will be communicated to the user by e-mail at least 30 days before they come into effect. The user's consent to such a change shall be deemed to have been given if the user does not object to the change in text form before the change comes into effect. The provider may support older versions of the software on a transitional basis but is not obliged to do so. It should be noted that older versions may have known security vulnerabilities. Functions added after the start of the contract may not be available in all service plans or may only be available for an additional charge.

2.7 All rights, titles and interests in the content, software and services provided, including but not limited to copyrights, trademarks, patents, trade secrets and other forms of intellectual property, shall remain with the provider or its licensors. Use of the Services does not grant the user any rights to the provider's intellectual property other than the rights of use expressly granted in these terms and conditions. Any use of the provider's intellectual property beyond the scope defined in these terms and conditions without the prior written consent of the provider is prohibited.

3 Prices and terms of payment

3.1 Pricing for the Trustcaptcha service can be as follows:

i. Pay-per-use model: The price is based on a base fee and a price for each request. The amounts charged depend on the service category.
ii. Fixed price model: A fixed amount is charged for a predetermined number of requests. If this contingent is exceeded, an additional price is charged per request (overcharge price).

3.2 The number of CAPTCHA requests may be included in the calculation of the price. Each CAPTCHA solution attempt that is started counts as one request, regardless of whether it is evaluated or completed.

3.3 The prices relevant to the user are those stated on our website or in the individual offer at the time of the order. Different prices and scopes of services may apply to future orders.

3.4 The prices stated on the provider's website or in the individual service categories do not constitute an offer but are for information purposes only.

3.5 In addition to the basic service, the user can book optional additional services for an extra charge. Prices and availability for these additional services will be provided on request, on the Trustcaptcha online platform or listed as part of the existing contract offer.

3.6 The billing period for each service category is automatically extended by a further billing period if the CAPTCHA relevant for billing is not deleted before the cancellation deadline at 23:00:00 (UTC) on the last day of the billing period.

3.7 All prices quoted are exclusive of statutory VAT.

3.8 Payments can be made by bank transfer and, depending on the service plan, credit card payment and other methods listed on the provider's website.

3.9 The user agrees to receive digital invoices electronically. Users receive these by email or can retrieve the invoice in their user account. Invoices are sent at the beginning of the following month, unless there are special circumstances or other regulations.

3.10 The user must ensure that all payments are made in full and without deductions. Any fees or costs, e.g. due to currency conversions or charges, are to be borne by the user.

3.11 Payments are due within 14 days of the invoice being sent. The date of receipt of payment shall be decisive for the date of payment. If the payment deadline is exceeded and after notification, a lump sum for late payment and interest on late payments may be charged. Should the delay in payment last longer than 4 weeks, Trustcaptcha GmbH is authorised to temporarily suspend the services or to terminate the contract extraordinarily. All resulting costs and damages shall be borne by the user.

3.12 An upgrade to a higher service plan is possible at any time, whereby possible price differences will be taken into account pro rata for the remainder of the billing period. A downgrade is possible by contacting our support team or by creating a new CAPTCHA. In the event of a downgrade, any price differences in the current billing period may not be taken into account.

3.13 Cancellation has no effect on services already used in the current month. The provider does not grant refunds for unused services. This also applies to the current billing period upon termination of the contract.

3.14 The provider reserves the right to change the prices and price structure and to offer different prices for different booking periods and user groups, and to adjust these if necessary. Price increases for existing customers shall be announced to them sufficiently in advance. In the event of a price increase, the user has the option of explicitly accepting or rejecting it. If the user does not expressly agree to the price increase, the provider reserves the right to terminate the contract.

3.15 The user is only entitled to offset his own claims against claims of Trustcaptcha GmbH if these claims have been legally established or recognised by Trustcaptcha GmbH.

3.16 The ‘Test Version / Non Commercial’ service category is intended exclusively for non-commercial purposes and for development purposes. ‘Development purposes’ include the temporary use of the CAPTCHA solution for testing the implementation. When used for non-commercial purposes, the CAPTCHA solution may not be used for commercial purposes or integrated into commercial products. We reserve the right to restrict or terminate the provision, especially if we suspect misuse or if there is a significant strain on our infrastructure and we may adjust the number of free requests in the future. The user has no claims arising from this.

4 Contract term

The contract is concluded without a fixed term and is automatically extended by a further month at the end of each month unless it is cancelled in text form by one of the parties at least 7 days before the end of the current month. Deviations from this regulation must be explicitly labelled as such by the provider in text form. Trustcaptcha GmbH reserves the right to terminate the contract extraordinarily and without notice in the event of violations of the contractual conditions or statutory provisions.

5 Obligations of the user and blocking

5.1 The user agrees to use the services of Trustcaptcha GmbH exclusively in accordance with all applicable laws, regulations and the provisions of these terms and conditions. Use of the service is prohibited if it violates applicable law, property rights, data protection laws, competition law or the rights of third parties. For example, it is prohibited to use the service to cause damage to us or our systems, to disseminate illegal content or enable access to it, to collect or process personal data without the consent of those affected or to circumvent the security mechanisms of the service. Any abusive, unlawful or otherwise contrary to the terms of the contract use may result in immediate restriction of access to the service, termination of the contract without notice and legal action.

5.2 Unless otherwise agreed, booked for a fee or included in the service category, the user must mention Trustcaptcha in a suitable place when using the Trustcaptcha service, stating the name ‘Trustcaptcha’ and providing a link to the official website. The user may do this in a suitable form, but not in such a way that the impression is created that Trustcaptcha supports the user or their use.

5.3 Hiding or otherwise making the Trustcaptcha service unrecognisable is only permitted if this has been expressly agreed, booked for a fee or included in the booked service category.

5.4 The user agrees to provide correct and up-to-date information and to keep it up to date. The provider must be informed immediately of any changes to contact details or other relevant information. Data such as access data, passwords and secret or licence keys must be treated confidentially. The user is responsible for all activities that take place using his information.

5.5 Trustcaptcha GmbH reserves the right to block access to the service if there is reason to believe that the use of the service by the user is causing misuse, illegal activities or technical attacks on our infrastructure. Should a restriction or blocking of the service be necessary, Trustcaptcha GmbH will inform the user as soon as possible by e-mail and take the necessary measures with the user to restore access as quickly as possible.

5.6 The user is prohibited from decompiling, reverse-engineering or otherwise processing the Trustcaptcha software in a manner not intended unless this is explicitly permitted by law. We reserve the right to terminate the contract without notice and to block the use of our services if we have reasonable grounds to believe that the continuation of the contractual relationship could pose a potential danger or threat to the business interests, the security or the reputation of the provider. We will inform the user immediately of any such cancellation.

6 Defects

6.1 The user must notify Trustcaptcha GmbH in writing of any defects immediately after their discovery and provide a detailed description of the circumstances and the occurrence of the defect. Trustcaptcha GmbH must rectify justified defects within a reasonable period of time. Temporary workaround solutions can be made available to the user if this is reasonable for the user, whereby the final elimination of defects can take place at a later date if necessary. The user must provide all cooperation required to facilitate the rectification of defects.

6.2 Trustcaptcha GmbH assumes no liability for initial impossibility of service provision within the meaning of § 536a para. 1 alternative 1 of the German Civil Code (BGB), insofar as the impossibility was neither recognisable nor reasonably avoidable for Trustcaptcha GmbH at the time the contract was concluded.

6.3 The user's right of cancellation due to refusal of use in accordance with § 543 para. 2 sentence 1 no. 1 of the German Civil Code (BGB) is excluded, unless the provision of the service by Trustcaptcha GmbH is considered to have failed permanently. A temporary restriction or interruption of use does not constitute grounds for extraordinary cancellation.

6.4 Claims of the user due to defects in the services of Trustcaptcha GmbH expire within 12 months. This limitation period does not apply to claims for damages for which Trustcaptcha GmbH must be legally liable.

7 Limitation of liability

7.1 The liability of the provider is limited to intent and gross negligence. In the event of slightly negligent breaches of duty, Trustcaptcha GmbH shall only be liable if these concern an essential contractual obligation, the fulfilment of which is indispensable for the proper execution of the contract and on the observance of which the user may rely. In these cases, the liability of Trustcaptcha GmbH is limited to the foreseeable damage typical for the contract. The parties agree that the amount of the foreseeable damage for all claims per calendar year must not exceed the net annual turnover of Trustcaptcha for the CAPTCHA service provided in that year. In all other cases, liability is excluded.

7.2 The provider cannot guarantee the uninterrupted availability of the CAPTCHA solution, this applies in particular to technical failures, maintenance work and unforeseeable events. We aim to keep interruptions to a minimum and to give advance notice of critical maintenance work where reasonable. Trustcaptcha GmbH accepts no liability for damages or losses incurred by the user due to downtime or interruptions caused by maintenance work.

7.3 Guarantees from Trustcaptcha GmbH must be made in text form. In case of doubt, statements or assurances are only considered a guarantee if they are expressly designated as such and labelled accordingly. Without explicit labelling as such, they do not constitute a guarantee in the legal sense.

7.4 When using the service category ‘Non-Commercial/Development’, Trustcaptcha GmbH is only liable for damages caused by intent or gross negligence.

7.5 The limitations of liability regulated in this section also apply to claims against legal representatives, employees, other representatives and agents of Trustcaptcha GmbH.

8. Obligation to indemnify

The user agrees to indemnify Trustcaptcha GmbH against all claims, damages, losses or costs arising from uses of the Trustcaptcha service that are based on a breach by the user of these terms and conditions, incorrect implementation, improper use or a breach of applicable statutory provisions. This indemnification obligation applies in particular if the user violates third-party property rights, data protection regulations or other statutory provisions. A prerequisite for the indemnification obligation is that Trustcaptcha GmbH informs the user immediately of the asserted claims and gives the user the opportunity, insofar possible, to participate in the defence of the claims at his own expense.

9 Data protection

9.1 Trustcaptcha GmbH treats the data collected in the course of using the service confidentially and uses it exclusively to provide and improve the services. Information on the processing of data can be found in our privacy policy.

9.2 In the context of the processing of personal data (within the meaning of Art. 4 (1) GDPR), Trustcaptcha GmbH acts as a processor within the meaning of Art. 4 (8) GDPR, while the user acts as a controller within the meaning of Art. 4 (7) GDPR. The details of the processing are regulated in an order processing agreement to be concluded between the parties, as provided for in Art. 28 GDPR.

9.3 Both parties agree to treat all confidential information of the other party received in the context of the contractual relationship as confidential. Confidential information must not be disclosed to third parties without the prior written consent of the other party, unless this is necessary to fulfil the contractual obligations or is required by law. This obligation of confidentiality shall also apply after termination of the contractual relationship.

9.4 The user is responsible for informing the data subjects about the use of Trustcaptcha in the privacy policy of their protected website and obtaining their consent if required. Sample texts, information or suggestions provided by us are for information purposes only and are not intended for direct adoption. The responsibility for the content of the privacy policy lies solely with the user. The provider does not provide legal advice and accepts no liability for the legal conformity of the content provided. It is the responsibility of the user to check and adapt the content to their specific requirements or to have it checked by a legal advisor of their choice.

10 Final provisions

10.1 The services offered are not intended for or directly related to companies or organisations classified as critical infrastructure, including but not limited to sectors such as energy, water, healthcare, telecommunications and military. The provider hereby declines to provide its services to users whose operation and function is critical to the public welfare. Deviations from this regulation require the explicit authorisation of Trustcaptcha GmbH.

10.2 Unless otherwise agreed, communication and the exchange of relevant information (e.g. contract information, notifications and updates) between Trustcaptcha GmbH and the user takes place by email. The user is responsible for ensuring that the e-mail address provided is accessible and is regularly checked for new messages.

10.3 The provider reserves the right to refer to the user's involvement, in particular by using the user's company name and logo.

10.4 Usage-dependent numbers and values displayed may be offset in time.

10.5 In the event of discrepancies or contradictions between the different language versions of the terms and conditions, the privacy policy or other legally relevant documents and provisions of Trustcaptcha GmbH, the German language version shall prevail and be binding. This provision applies to all content, interpretations, obligations and rights set out in the aforementioned documents. The German version shall take precedence regardless of the nature of the discrepancy, be it due to translation errors, different interpretations of linguistic expressions or other inconsistencies between the language versions. The user is encouraged to contact the support of Trustcaptcha GmbH immediately in case of doubts or ambiguities regarding the content, its meaning or interpretation.

10.6 Trustcaptcha GmbH reserves the right to amend or adapt these terms and conditions at any time. Relevant changes will be communicated to the user by e-mail or via the website at least 50 days before they come into effect. If the user does not object to the changes in text form within 50 days, the amended terms and conditions are deemed to have been accepted. Trustcaptcha will expressly inform the user of the right of objection and the consequences of failing to object in the notification of change. If the user objects to the amended terms and conditions, Trustcaptcha GmbH is authorised to extraordinarily terminate the contractual relationship.

10.7 Severability clause: Should any provision of this contract be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes as close as possible to the economic purpose of the invalid provision. The same applies in the event of a regulatory gap.

10.8 The exclusive place of jurisdiction is the registered office of Trustcaptcha GmbH. However, the provider reserves the right to sue the user at the user's place of business.

10.9 The law of the Federal Republic of Germany applies to all legal relationships between Trustcaptcha GmbH and the user. The UN Convention on Contracts for the International Sale of Goods (CISG) is ruled out.

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