Master Terms of Service
Last Updated: August 16, 2020
Welcome to hCaptcha! Thank you for being a part of our community. All users of the "Services" (defined below) must agree to the following terms (the "Terms of Service"). Under these Terms of Service, "IMI", "we" and "us" refers to Intuition Machines, Inc. and its subsidiaries, affiliates, officers, agents, employees, representatives, and agents, and our "website" includes any website under our control, including www.hcaptcha.com and www.imachines.com.
Please read these Terms of Service CAREFULLY. They include, among other provisions, disclaimers of warranties, limitations of liability, and binding arbitration. Please note that these Terms of Service may have changed since your last visit to our website. We may revise and update these Terms of Service from time to time in our
sole discretion. In the event of a material change, we will notify you by posting the updated Terms of Service on this page, after which you must affirmatively accept the updated Terms of Service in order to continue using or accessing the Site or the Service.
Please note that your use of our Service is governed by our Data Processing Agreement, which is incorporated herein by reference. Please review this agreement to see how we process personal data on your behalf. Note that we operate as a "data processor" for purposes of the EU General Data Protection Regulation, and a "service provider" for the purpose of the California Consumer Privacy Act.
If you do not agree to these Terms of Service, you may not use or access the Site or the Service.
The Services include an online security service (the "hCaptcha Service") and a platform (the "Intuition Machines Platform") on which an individual ("Contributor") can choose to perform tasks that a third party entity or Intuition Machines itself (each a "Requester") posts to our website or the hCaptcha Service, either directly on our website or by accessing the Intuition Machines Platform and/or performing tasks through or in connection with a third party entity and/or platform or service (each, an "Integrator"). Requesters post tasks and invite Contributors to perform them in exchange for rewards provided by IMI to Integrators, or as determined by the Requester if the Requester is using the Intuition Machines Platform or hCaptcha Service to serve tasks to their own end-users. We charge companies and individuals (each a "Customer") for use of our platform so that they may use our software, author tasks, hire us to author tasks, and/or gain access to the Contributors. We also charge Integrators for use of our hCaptcha Service in order to reduce fraud, abuse, and spam on their websites, mobile apps, and other online properties. The foregoing is referred to collectively as the "Services."
By using or registering for our Services, you agree: you are at least 18 years of age; you have the authority to enter this agreement on behalf of yourself or the entity you represent, and will at all times remain in compliance with these Terms of Service and all IMI policies and guidelines referenced herein; and you will not abuse our website, misrepresent your identity to us, or use artificial intelligence to complete any portion of any task on IMI which requires human intelligence.
3. Customers and Requesters
If you are a Customer or Requester, you agree that the additional terms attached hereto as the Customer Appendix will apply and be incorporated by reference into these Terms of Service. If you are not a Customer or Requester, or cease to be a Customer or Requester, then the additional terms in the Customer Appendix will not apply nor will they be incorporated by reference into these Terms of Service.
4. Username and Password
You agree that you will not share your account or password with anyone.
You must notify IMI immediately if you suspect that your account information has been stolen or used by someone else, or any other breach of security.
You agree to provide us with true, accurate and complete information as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.
5. Your Privacy, Your Data, and "Data For All"
In addition to Personal Information, you may also be required to provide (or it may be necessary for us to collect) other data so that we may provide the Services (collectively, "Customer Data"). We are not liable for any failure to perform Services that is caused by your delay or failure to provide Customer Data.
You hereby grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, irrevocable license during the term of this Agreement to use, reproduce, electronically distribute, and publicly display any Customer Data solely for the purpose of providing the Services. You represent and warrant that you own sufficient right, title, and interest in and to your data in order to grant the license in this section.
We aggregate Customer Data with other data so that results are non-personally identifiable and we also collect de-identified technical logs and data regarding use of the Services ("Aggregate/De-identified Data"). Notwithstanding anything to the contrary herein, any such Aggregate/De-identified Data may be used by IMI for any business purpose during or after the term of this Agreement, including without limitation to develop and improve the Services and to create and distribute reports and other materials. Customer Data may also persist and be displayed in the system for a limited period of time not to exceed 180 days after a job is complete, for example as automatic calibration or validation data for Intuition Machines systems. For clarity, this Section 5 does not give us the right to identify you as the source of any Aggregate/De-identified Data without your prior written permission.
For the avoidance of doubt, the following paragraph applies exclusively to Customers using our annotation services, and not to Integrators. If you are a Customer of our annotation services and have selected the "Data For All" option as part of your use of the Services, then you grant to IMI and all users of the Services a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, irrevocable license to fully exploit all Customer Data, including all related intellectual property rights. If you do select the "Data for All" option, you represent and warrant that you own sufficient right, title, and interest in and to your data in order to grant the license in this section.
If your data contain potentially explicit or offensive content, we require you to mark them "EXPLICIT CONTENT" to serve as fair warning to anyone who sees your data. You may not without a separate written agreement with IMI include tasks that violate our policies, including, but not limited to, (a) tasks that directly or indirectly promote another website or service, (b) tasks that violate a third party website's terms and conditions, (c) tasks asking Contributors to solicit third parties, (d) tasks that ask Contributors to take action to manipulate a website's behavior or results, (e) tasks that violate the intellectual property rights of third parties, and (f) tasks that require Contributors to download software or files.
6. Acceptable Behavior
You are encouraged to interact with other users anywhere on our website, Forum, messaging, chat, and other social media channels controlled by IMI, but if you do so you must comply with all terms of service and use on our site and all relevant laws.
7. Misuse, Abuse, and Misrepresentation
Any access or use of the Services other than pursuant to these Terms of Services and any instructions we provide is strictly prohibited. In particular, you WILL NOT:
register for more than one account with us without written authorization;
perform any task with the use of Internet bots, web robots, bots, scripts, or any other form of artificial intelligence or otherwise attempt to obtain rewards from IMI or any Requester or Integrator without completing tasks as they are described;
provide any false information while using this website (including without limitation impersonating any other person or organization in your account, or falsely stating or otherwise misrepresenting yourself or your affiliation with any other person or organization in your account;
access or attempt to access our website through any proxy web server or other device designed to obfuscate your true location or identity or by any means other than the interface provided;
use the website for any illegal activity, or for any purpose other than the purpose for which it was made available;
engage in activity that interferes with or disrupts the functioning of the site;
insert, upload, or attach malicious or unknown external links or files, or upload any content that contains a virus, Trojan horse, worm, time bomb, or other harmful computer code;
Upload any content subject to copyright that is not your original work, unless you have permission from the rightful owner to post such content and to grant IMI all of the licensed rights granted herein;
engage in spamming or post any kind of publicity, attempt to get referrals, mass communication, money offers or requests, solicitation of services, advertising, marketing, nonsense messages, duplicated topics, illegal content, social website links, e-mail addresses, or instant messenger IDs unless required by the task;
insert external links that offer goods or services unless required by the task;
otherwise engage in any malicious or fraudulent activity.
8. Verifying your Identity
IMI may verify your identity. This may include comparing your personal information against third party databases or official legal documents. You authorize us to make any inquiries necessary to confirm your identity, your ownership of your email address, and your ownership of your financial accounts. You agree to provide information about you to assist us in verifying your identity.
9. Compliance with the Law
You alone are responsible for complying with federal, state, provincial, and local laws in connection with your use of the Services. You agree to indemnify and hold us harmless for any claims against us because you failed to comply with any law or violated any third party rights, including without limitation contractual, intellectual property, or privacy rights.
10. Contributor or Integrator Taxes
If you are a Contributor or Integrator, you alone are responsible for payment of any estimated or other federal, state, or local income taxes, social security, FICA, and workers' compensation owed as a result of use of our website, as well as similar taxes or charges in non-U.S. jurisdictions. You agree to indemnify and hold us harmless for any assessments against us because you failed to comply with any tax laws.
11. Violation of These Terms of Service
We may suspend, limit, or cancel your access to the Services at any time for any reason, including because: (a) we believe you have violated these Terms of Service (including other related policies); (b) we believe you have violated our rights or the rights of any third party; (c) we are unable to verify or authenticate information you have provided to us; or (d) we believe your actions may create liabilities for you, us, or a third party. For the avoidance of doubt, we reserve the right to prevent or suspend payment to you if we reasonably believe that any of the foregoing applies to such payment.
If we suspend or terminate your account, you will no longer have access to any parts of the website, including data, messages, files, and other material you keep on the site. You may NOT continue to use our website under a different or new account name. Violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
12. Contributor's Role and Relationship with IMI and Other Requesters
If you are a Contributor, you and only you decide which and how many tasks to complete, and when and where you complete them. You are free to spend as much or as little time completing tasks as you choose. At no time are you under any obligation to complete a task.
If you are a Contributor who accesses the Services and/or performs tasks through or in connection with an Integrator on behalf of a Requester that is not IMI, then you agree and acknowledge that Intuition Machines is not liable for and has no obligation to you with respect to any rewards or other compensation for completed tasks. You agree and acknowledge that any rewards or other compensation for completed tasks is determined solely in accordance with your agreement with the Requester and/or the Integrator, as applicable. Any disputes over such rewards or other compensation (including without limitation failure to receive such rewards or other compensation) are solely between you and the Requester and/or the Integrator, as applicable.
Neither your use of our website nor anything in this agreement creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and Intuition Machines. We do not provide you with any equipment or tools to complete a task. We do not provide you any benefits, workers' compensation, or insurance coverage. We are not responsible for any expenses you incur in using our website. We will not withhold any amount from your reward for federal or state income tax, Social Security, or any other tax. You are free at all times to perform tasks for any person or business, including any of our competitors. You do not have the authority to enter into any contract, written or oral, on behalf of Intuition Machines.
Notwithstanding the foregoing, if you are a U.S. taxpayer we may request from you a W-9, to be updated annually, and we may bar you from performing tasks until you have completed or updated a W-9.
If you are a Contributor who accesses the Services and/or performs tasks through or in connection with an Integrator on behalf of Intuition Machines (acting as a Requester), Intuition Machines may reward you for acceptable completion of certain tasks. In the event you are found to have engaged in fraud, abuse, or violation of these Terms of Service, any and all rewards to you may be withheld and/or recovered by Intuition Machines.
13. Unacceptable Completion of Tasks
If, for any reason, the Requester does not accept performance of a task you completed, you as a Contributor or Integrator will not be entitled to any reward for the task. In the event that rewards were already dispersed to you for an unacceptably completed task, we may recover them from you.
14. Contributor Qualifications and Skills
By performing tasks, you may accrue qualifications and skills, which we will grant in our discretion. We reserve the right to create, edit, or revoke your qualifications and skills at any time, for any reason or no reason at all. Because we do not discriminate on the basis of national origin, race, color, gender, sexual orientation, or any other class protected by law, you will have the same opportunity as any other Contributor to achieve access to tasks as your qualifications and skills accumulate. As a Contributor, if you believe that problematic test questions have affected your qualifications, skills, or rewards, you may provide well-supported contentions describing of problematic test questions via the task interface or via a ticket in our support system, for example via email at firstname.lastname@example.org.
15. Our Use of Information
16. Intellectual Property and Proprietary Rights
IMI owns all rights, including intellectual property rights, in the source code, object code or underlying structure, ideas or algorithms, API, and any additional software, documentation or data related to the Services ("Software"). You will not, directly or indirectly, via a third party or otherwise: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the Software; (b) modify, translate, or create derivative works based on any Software; (c) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to any Software; (d) use any Software for timesharing, service bureau purposes, or otherwise for the benefit of a third party; or (e) remove any proprietary notices or labels.
If you are a Contributor, IMI, and not you, has proprietary rights in any work you produce as part of completing any task. By accepting the terms of this Agreement you agree to (and hereby do) transfer possession, ownership, and title (including all intellectual property rights existing throughout the world) in and to your work to us. To ensure that we are able to acquire, perfect, and use such rights, you further agree to (i) sign any documents to assist in the documentation, perfection and enforcement of our rights; and (ii) provide reasonable access to information for recording, perfecting, securing, defending, and enforcing such proprietary rights in any and all countries. Your obligations under this section will continue even after you deregister from or cease use of the Services. You appoint us as your attorney-in-fact to execute documents on your behalf for the purposes set forth in this section.
17. Copyright and TakeDown
IMI respects the intellectual property of others and we reserve the right to remove from our site any material that we believe may violate the intellectual rights of any third party. If you believe that your own work has been copied in a way that constitutes copyright infringement on this website, please contact Intuition Machines customer support.
You agree to indemnify, defend, and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and costs), arising from or relating to your performance of tasks or your use of our website.
19. Disputes with Other Users; Release
IMI is not a party to any dispute between you and any another user of the Services. You release IMI and its affiliates from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or connected with any dispute between you and another user.
20. Confidential Information You Receive
Confidential information is any information that is marked as confidential or proprietary, or which should reasonably be understood by the receiving party to be confidential or proprietary. This does not include any information that is (1) publicly available, (2) already in the possession of, developed independently by, or already known to the receiving party, or (3) has been disclosed by court order or as otherwise required by law.
If you are provided with confidential information from anyone on the Services, you agree to protect the secrecy of the confidential information with the same degree of care you use to protect your own confidential information, but in no event with less than due care. You may not disclose or publish any such confidential or proprietary information, except as may be necessary for performance of a task. All information within a task on the Intuition Machines Platform should be considered as confidential even if the information is not expressly designated as confidential.
If and when you no longer need the confidential information you received, you must promptly return or destroy (as requested by whoever disclosed the information) all copies of the information that exist on the premises, systems, or other equipment you control.
Because disclosing confidential information may cause irreparable harm, the disclosing party is entitled to seek injunctive relief for any breach or threatened breach of this term.
21. Website Modifications
We may improve or modify our website without notice to you.
22. Third-Party Websites
Our website may contain links to third-party websites. We do not control, investigate, monitor, or check such websites. We are not responsible for nor do we endorse the computer programs, content, or opinions contained on such websites. If you decide to leave our website and access any third-party website, you do so at your own risk.
23. Disclaimer of Warranty
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR EXPRESS, WITH REGARD TO ACCESSIBILITY, FITNESS, LAWFULNESS, AVAILABILITY, OR FUNCTIONALITY OF THE SERVICES, ANY RELATED SOFTWARE OR MATERIALS, THE TASKS, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMI DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST IMI WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS TO CEASE USE OF THE SERVICES We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the website or Intuition Machines Platform. Scheduled and unscheduled interruptions may occur, and we do not warrant uninterrupted availability of our website.
24. Limitation of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF IMI FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $2,500; AND (B) ANY FEES RETAINED BY IMI WITH RESPECT TO TASKS POSTED BY A REQUESTER DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
25. Contributor Dispute Resolution
If you are a Contributor, you agree to the following arbitration clause and class action waiver:
Alternative Dispute Resolution Required. You agree that for any dispute that arises out of or relates to your use of the Services, including any dispute that may have arisen from the time that you began performing tasks for IMI, and specifically including any claim related to whether or not you classify as an independent contractor, you will first notify IMI of your claim against it. You and IMI will then attempt to resolve the issue through either direct negotiation or mediation. We will split equally the cost of mediation and agree that mediation shall be conducted through telephonic or other electronic means. If a claim remains unresolved following informal negotiations or mediation, you agree that you and IMI will use final and binding arbitration to resolve the dispute. This clause governs all claims retroactively from the time you began using our website, whether based on tort, contract, statute, including, but not limited to, any claims of discrimination and harassment, whether they be based on the California Fair Employment and Housing Act, Title VII of the Civil Rights Act of 1964, as amended, or any other state or federal law or regulation, equitable law, or otherwise.
Arbitration Procedure. All arbitration under this agreement will be conducted under the rules of the American Arbitration Association or by a mutually agreed upon arbitration service. The arbitrator will be a U.S. arbitrator selected from a list of no less than seven (7) names through alternative strikes. In arbitration, each party will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard shall be resolved by the arbitrator. Resolution of the dispute shall be based solely upon the law governing the claims and defenses pleaded, and the arbitrator may not invoke any basis other than such controlling law. The arbitrator shall have the immunity of a judicial officer from civil liability when acting in the capacity of an arbitrator, which immunity supplements any other existing immunity. Awards must include the arbitrator's written reasoned opinion. You give up your right to trial by jury of any claim you may have against IMI or that IMI may have against you. Any claim under this clause must be brought within the applicable statute of limitations period. The United States Federal Arbitration Act governs this clause, and you acknowledge that this Agreement evidences a transaction in commerce.
Exceptions. Disputes that may not be subject to predispute arbitration agreement as provided by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law 111-203) are excluded from this
Administrative Exhaustion. You may bring any claim arising out of your use of this website to an administrative agency but only to the extent applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate. Such administrative claims include without limitation claims or charges brought before the Equal Employment Opportunity Commission, the U.S. Department of Labor, and the National Labor Relations Board. Nothing in this clause shall be deemed to preclude or excuse you from bringing an administrative claim before any agency in order to fulfill your obligation to exhaust administrative remedies before making a claim in arbitration, however, you waive the right to any monetary award through this such agency proceedings.
Location of Arbitration. Any arbitration proceeding under this section will take place by default within the State of California, unless you reside outside the United States, in which case the arbitration will take place entirely electronically or telephonically. The arbitration may take place at any other location if agreed to by every party in writing. Regardless of its location, any party may opt to appear at the arbitration via live video or teleconference.
Class Action Waiver. You waive any right you have for any dispute to be brought, heard, or arbitrated as a class, collective, or representative action. Notwithstanding any other clause contained in this agreement, the preceding sentence shall not be severable from this agreement in any case. Any claim that all or part of this waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. You will not be retaliated against or prevented from completing tasks on our website as a result of your exercising your rights under Section 7 of the National Labor Relations Act, or by the filing of or participation in a class, collective or representative action in any forum, but we may lawfully seek enforcement of this class action waiver, and seek dismissal of such class, collective or representative actions or claims.
Costs and Fees. The parties shall each bear their respective costs for legal representation at any such arbitration, except to the extent that attorney's fees are explicitly provided for by law. The parties will split any initial administrative fee charged by the arbitrator, up to a maximum cost to you of two hundred fifty dollars (US$250.00). The cost of the arbitrator and court reporter, if any, shall initially be borne by us; however, the arbitrator shall have the discretion to award appropriate costs to the prevailing party, as provided by law, and/or to require the parties to split the costs associated with the arbitrator and/or court reporter.
Severability. Except for the Class Action Waiver, if any term or provision, or portion of this arbitration clause is declared void or unenforceable it will be severed and the remainder of the arbitration clause will be enforceable.
26. Applicable Law
The laws of the State of California govern these Terms of Service and any controversy, dispute, or claim arising from them.
You may choose at any time to cease using our website, provided that you must abide by all applicable IMI policies. We may, in our sole discretion, terminate this agreement, suspend access to our website, or remove any services immediately without notice for any reason.
If we determine you have exceeded our fair use thresholds, currently 1 million requests per month for most Integrators using hCaptcha Publisher (free) accounts and 100,000 requests per month for Integrators using hCaptcha Publisher (free) accounts to enable commercial bot management products, e.g. web firewalls (WAFs) and similar applications, we may instead offer you the opportunity to use our hCaptcha Enterprise service, and continue to provide service to you for some period of time (the "Offer Period"). Our continued provision of service during the Offer Period will in no way modify our termination rights under this Section.
28. General Terms
Entire Agreement. These Terms of Service and any policies, procedures, or terms referenced in this agreement constitute the entire agreement of the parties with respect to the subject matter, and supersede and cancel all prior and contemporaneous related agreements, claims, representations, and understandings of the parties.
No Waiver. We will not be considered to have waived any portion of our rights or remedies unless the waiver is in writing and signed by us. If we delay enforcing or fail to enforce our rights under any provision of this agreement, that will not constitute a waiver of our right to subsequently enforce such provision or any part of this agreement.
Assignability. You may not assign these Terms of Service without our prior written consent. We may assign these Terms of Service at any time, without notice. Subject to the foregoing, these Terms of Service will be binding on each party's successors and permitted assigns.
Severability. If any provision of these Terms of Service is found invalid or unenforceable for any reason, it will not affect the validity and enforceability of any remaining provisions.
Notice. All notices related to these Terms of Service will be sent by e-mail or posted on our website. You must send notices to us at email@example.com. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission of properly addressed to the intended recipient.
Amendments. No modification or amendment to these Terms of Service by anyone other than IMI shall be binding upon IMI unless in a written instrument signed by a duly authorized representative of IMI.
Prevailing Language. The English language version of these Terms of Service will control in all respects and will prevail in case of any inconsistencies with translated versions, if any.
Voluntary Agreement. All parties to these Terms of Service represent and agree that each has reviewed all aspects of this agreement, has carefully read and fully understands all its provisions, and is voluntarily entering into this agreement.
If you do not agree with all of the terms and conditions of these Terms of Service, do not (and you may not) use or access the Site or the Services.
If you do not agree to these Terms of Service, you may not use or access the Site or the Service.