Effective Date: May 15, 2026 · Operator: Service Automations LLC, a Texas limited liability company (“CapchaCloud,” “we,” “us,” “our”) · Product: CapchaCloud · Contact: support@serviceautomations.ai · serviceautomations.ai
READ THIS FIRST — NO COMPLIANCE GUARANTEE. CapchaCloud provides software tools. CapchaCloud is not a law firm, regulatory body, certification authority, or compliance auditor. No use of the Service satisfies, certifies, or guarantees compliance with any law, regulation, or industry standard, including but not limited to TCPA, FTC Act, state UDAP statutes, GDPR, UK GDPR, CCPA/CPRA, HIPAA, GLBA, COPPA, PCI-DSS, SOC 2, ISO 27001, or any other legal or regulatory framework. You alone are responsible for determining whether and how the Service fits your legal obligations, and for engaging qualified counsel in your jurisdiction.
For purposes of these Terms:
By accessing or using the Service, by clicking “I agree” or any equivalent affirmation, by signing into the Service via OAuth, or by deploying any CapchaCloud code on a property you operate, you accept this Agreement on behalf of yourself and, if applicable, the entity you represent. If you are accepting on behalf of an entity, you represent that you have authority to bind that entity. If you do not have such authority, or you do not agree, do not access or use the Service.
You must be at least 18 years old and legally capable of forming a binding contract. The Service is intended for business use and is not directed to consumers as a consumer product.
CapchaCloud provides infrastructure for: (a) authenticated sign-in via OAuth identity providers; (b) Cloudflare Turnstile or equivalent bot/abuse mitigation; (c) capture, hashing, sealing, and durable storage of consent and event payloads; (d) audit retrieval, verification, export, and webhook delivery of such records; (e) operator dashboards, configuration tooling, and AI-assisted helpers; (f) related infrastructure for tenant management, billing, and security.
We may, at any time, add, remove, modify, or deprecate features, APIs, endpoints, default behaviors, retention windows, throughput limits, or pricing tiers. We will use commercially reasonable efforts to provide notice of material adverse changes via the Service or to the contact on file, but we are not obligated to maintain backward compatibility, feature parity, or any specific feature indefinitely.
Beta, preview, experimental, or “early access” features are provided “AS IS” with no warranty, no SLA, and may be withdrawn at any time. You assume all risk from using beta features.
You agree to (a) provide accurate, current, and complete information when registering; (b) maintain the security of your credentials, tenant identifiers, and API keys; (c) promptly notify us at support@serviceautomations.ai (subject line: “Security”) of any actual or suspected unauthorized access; (d) be responsible for all activity occurring under your Account, whether authorized or not.
We are not liable for losses arising from your failure to safeguard your credentials. We may require multi-factor authentication or other security measures at our discretion.
You represent, warrant, and covenant to CapchaCloud, and to any End User who may rely upon the integrity of Consent Records you cause to be created, that you and you alone are responsible for: (a) determining whether your use of the Service, your deployment of the widget, your data collection, your contact with End Users, and your business activities comply with all applicable laws and regulations; (b) maintaining accurate, prominent, and timely user-facing disclosures — including any TCPA-required prior express written consent disclosures, privacy notices, terms of service, cookie banners, and similar — appearing before the CapchaCloud widget triggers consent capture where required by law; (c) lawful basis for collecting, processing, storing, transferring, and acting upon any End User data you cause CapchaCloud to receive; (d) the accuracy, completeness, and legal sufficiency of any disclosure text generated, suggested, or rendered by the Service (template guidance, not legal advice — see §10); (e) honoring End User rights requests and routing such requests to CapchaCloud where the Service holds responsive data; (f) ensuring that you have authority to deploy the Service on each property, domain, and origin you configure; (g) all relationships with End Users, customers, prospects, leads, or other parties whose data passes through your integration; CapchaCloud is not a party to those relationships.
You acknowledge that CapchaCloud cannot, and does not, verify the accuracy of representations you make to End Users or the lawfulness of your underlying contact, marketing, or data-processing activities. Consent Records have legal weight only to the extent that the underlying solicitation, disclosure, and consent capture were themselves lawful.
For all End User data processed through your integration of the Service: You are the Data Controller (or “Business” under CCPA/CPRA, or analogous role). CapchaCloud is the Data Processor (or “Service Provider” under CCPA/CPRA) acting on your documented instructions. You warrant you have all necessary legal bases, notices, and consents in place before causing End User data to flow through the Service. CapchaCloud will process End User data only to provide, secure, monitor, improve, and bill for the Service, and to comply with law. CapchaCloud will not sell End User personal information, will not use End User personal information for cross-context behavioral advertising, and will not combine End User data across unrelated customers other than for security, abuse detection, statistical/aggregated analysis, and Service improvement.
A Data Processing Addendum incorporating Standard Contractual Clauses where applicable is available at /data-processing-addendum.html and is incorporated by reference for any Customer subject to GDPR, UK GDPR, or analogous transfer requirements.
For data CapchaCloud collects about you as an operator (e.g., your account, billing, support interactions), CapchaCloud acts as Controller — see the Privacy Policy.
The complete Acceptable Use Policy is published at /acceptable-use-policy.html and is incorporated into this Agreement by reference. Your use of the Service is subject to that policy. Violations may result in suspension or termination.
The Service is not designed, certified, or warranted for use in: (a) life-critical systems; (b) the storage or processing of cardholder data subject to PCI-DSS, except as expressly permitted under a separate written agreement; (c) the storage or processing of PHI subject to HIPAA, except under a Business Associate Agreement executed with CapchaCloud; (d) the storage or processing of personal information of children under 13 (or under 16 in the EEA) without verified parental consent and an executed COPPA addendum; (e) the issuance of legal opinions, regulatory determinations, medical diagnoses, financial advice, or any other professional advice; (f) any use intended to circumvent consumer protection law or to manufacture evidence of consent that was not, in fact, lawfully obtained.
If you use the Service in any restricted manner without express written permission, you do so at your sole risk and you indemnify CapchaCloud accordingly under §21.
The Service interoperates with third-party platforms including Cloudflare (Workers, D1, R2, Turnstile, Workers AI, AI Gateway), Stripe, Google, Apple, Microsoft, GitHub, Facebook, LinkedIn, and other identity, payment, infrastructure, and analytics providers. Your use of any third-party service is governed by that provider’s terms and privacy policy. CapchaCloud is not responsible for third-party service availability, performance, data handling, or terms changes.
The Service includes AI-powered features. AI Outputs may be incorrect, incomplete, outdated, biased, or inappropriate for your specific facts. AI Outputs are not legal advice, regulatory determinations, medical advice, financial advice, or compliance certifications; do not create a professional relationship; should be independently reviewed by qualified professionals before being relied upon; may be logged, sampled, and reviewed by CapchaCloud for safety, abuse detection, and Service improvement. You will not represent AI Outputs as the product of human professionals or as carrying any professional certification.
Pricing. Current pricing tiers are published at /pricing.html and may be updated from time to time. For paid plans, you will see the current price during checkout before payment.
Billing. Paid plans are billed in advance through Stripe on a recurring monthly basis unless otherwise agreed in writing. Plans renew automatically until canceled in your dashboard or per §17.
Auth Credits. Each paid tier includes a monthly allotment of “auth credits.” Overage is metered and charged per the rates posted at /pricing.html#overage. Unused credits do not roll over.
Taxes. Stated prices are exclusive of taxes. You are responsible for all applicable sales, use, VAT, GST, withholding, or similar taxes, except taxes on CapchaCloud’s net income.
Failed Payment. If payment fails, we may attempt re-collection, throttle the Account, downgrade to Free tier, suspend the Account, or terminate, in accordance with applicable law and Stripe’s processing rules.
Disputed Charges. Notify us at support@serviceautomations.ai (subject line: “Billing dispute”) within 60 days of the disputed charge; otherwise you waive the right to dispute it.
No Refunds. All fees are non-refundable except where required by law or as expressly stated in a written enterprise agreement.
The Free tier is provided as a courtesy and may be modified, limited, throttled, or discontinued at any time without notice. Free tier Accounts have no SLA, no priority support, and may have additional usage limits. Beta, preview, or experimental features are provided “AS IS,” may change without notice, may be removed entirely, and carry no warranty or SLA.
Our IP. CapchaCloud and its licensors retain all right, title, and interest in and to the Service, the underlying software, the dashboards, the widget, the documentation, the branding, the trademarks, the AI models (and their fine-tuned weights where applicable), and all derivatives and improvements thereof. No rights are granted to you except those expressly set out in this Agreement.
Your Content. You retain all right, title, and interest in your content, integrations, configurations, and the Consent Records you cause to be created. You grant CapchaCloud a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and otherwise use such content solely to provide, secure, monitor, improve, and bill for the Service and to comply with law.
Feedback. Any feedback, suggestions, ideas, or recommendations you provide are licensed to CapchaCloud on a perpetual, irrevocable, worldwide, royalty-free basis, with no obligation of compensation or attribution.
Aggregated and De-Identified Data. CapchaCloud may collect and use aggregated and de-identified usage data, performance data, security signals, and similar information for any lawful business purpose, including improving the Service and publishing aggregated metrics, provided such data does not identify you or any End User.
Trademarks. “CapchaCloud,” “ServiceAutomations.ai,” and related marks are trademarks of Service Automations LLC. You may not use them without prior written consent, except to factually identify your use of the Service.
Each party may disclose “Confidential Information” (information designated confidential, or reasonably understood to be confidential given its nature and circumstances of disclosure). The receiving party will (a) use Confidential Information only to perform under this Agreement; (b) protect it with no less care than it uses for its own confidential information of similar nature, and in no event less than reasonable care; (c) not disclose it except to personnel, advisors, or subprocessors with a need to know who are bound by equivalent confidentiality obligations.
Confidential Information does not include information that is (i) generally available to the public other than through the receiving party’s breach; (ii) independently developed without use of Confidential Information; (iii) rightfully received from a third party without confidentiality obligations; (iv) required to be disclosed by law, subpoena, or governmental order, provided that the receiving party gives reasonable advance notice where lawful.
This obligation survives termination for three (3) years, except for Confidential Information that constitutes a trade secret, which is protected for as long as it remains a trade secret under applicable law.
CapchaCloud will use commercially reasonable efforts to make the Service available, but does not warrant uninterrupted, error-free, or 100% available operation. We do not commit to an SLA except as expressly set out in a written enterprise agreement. Status and incident history is published at /status.html. We may perform scheduled or emergency maintenance and will attempt to provide advance notice of scheduled maintenance where practical.
We may suspend or limit your access to the Service, in whole or in part, immediately and without prior notice if we reasonably determine that: (a) your Account or use poses a security, legal, regulatory, reputational, or operational risk; (b) you have violated this Agreement, including the Acceptable Use Policy; (c) we are required to do so by law, court order, or governmental request; (d) payment is overdue; (e) we suspect fraud, abuse, account takeover, or unauthorized access. We will use commercially reasonable efforts to give notice and an opportunity to cure where the circumstances allow, but are not required to do so.
This Agreement begins on your first use of the Service and continues until terminated. Termination by You. You may terminate at any time by canceling all plans and discontinuing use. Cancellation stops auto-renewal at the end of the current paid period; no pro-rated refunds. Termination by CapchaCloud. We may terminate for (a) material breach not cured within 14 days of notice; (b) repeated or egregious violations of the Acceptable Use Policy; (c) non-payment; (d) insolvency, bankruptcy, or assignment for the benefit of creditors; (e) legal or regulatory requirement; (f) discontinuation of the Service generally (with reasonable notice where practical).
Effect of Termination. Upon termination: (i) your access ends; (ii) your data export window opens (see §18); (iii) all accrued and unpaid fees become immediately due; (iv) sections that by their nature should survive survive.
For thirty (30) days following termination (the “Export Window”), you may export your Consent Records and related metadata in machine-readable form using the export tooling provided in the dashboard or via documented API endpoints.
After the Export Window, CapchaCloud will delete your Customer Data from active systems within ninety (90) days, except (a) data subject to legal hold; (b) data retained in backups, which will be deleted on normal backup rotation; (c) aggregated and de-identified data; (d) records CapchaCloud must retain to comply with law. Deletion is not a guarantee against governmental compelled production or against security incidents predating deletion. See Data retention & deletion.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. CapchaCloud and its affiliates, licensors, and Subprocessors expressly disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, accuracy or completeness of data, compatibility with any specific system, legal or regulatory compliance of any kind, security, integrity, or availability of data, absence of viruses, malware, errors, defects, or harmful components, AI Output correctness, completeness, or appropriateness, and any warranty arising out of course of dealing or usage of trade.
No statement made by CapchaCloud personnel, marketing materials, or third parties creates a warranty unless made in a signed writing by an authorized officer of Service Automations LLC.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT WILL CAPCHACLOUD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUBPROCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, LOST DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DAMAGES ARISING OUT OF OR RELATING TO TCPA, CCPA, GDPR, OR ANALOGOUS REGULATORY EXPOSURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. (b) CAPCHACLOUD’S AGGREGATE CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR YOUR USE THEREOF, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (i) FIFTY U.S. DOLLARS ($50.00) OR (ii) THE AMOUNTS YOU ACTUALLY PAID CAPCHACLOUD UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. (c) The limitations in this §20 apply to the full extent permitted by law and form an essential basis of the bargain. (d) Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions liability is limited to the smallest extent permitted by law.
You agree to defend, indemnify, and hold harmless Service Automations LLC, its affiliates, officers, directors, employees, agents, licensors, and Subprocessors (the “Indemnified Parties”) from and against any and all claims, demands, suits, proceedings, losses, damages, fines, penalties, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your access to or use of the Service; (b) your violation of this Agreement; (c) your violation of any law, regulation, or third-party right; (d) any content, data, or instructions you submit, transmit, or display through the Service; (e) your relationships with End Users, customers, prospects, or third parties; (f) any allegation that your collection, use, or sharing of End User data was unlawful or lacked sufficient consent, regardless of the existence or content of Consent Records; (g) your representations or warranties made to End Users; (h) your use of the Service in any restricted or high-risk manner identified in §8; (i) tax authority claims relating to your operations.
CapchaCloud will provide reasonable notice of the claim and reasonable cooperation. You may not settle any claim that admits liability on CapchaCloud’s behalf or imposes any obligation on CapchaCloud without our prior written consent.
CapchaCloud will defend you against third-party claims alleging that your authorized use of the Service, in unmodified form and in accordance with this Agreement, infringes a U.S. patent, U.S. registered copyright, or U.S. registered trademark, and will pay damages finally awarded by a court or agreed in settlement, subject to the limitations in §20. This obligation does not apply to claims arising from (a) modifications not made by CapchaCloud; (b) combination with third-party products, data, or services; (c) use in violation of this Agreement; (d) Customer Data; (e) AI Outputs; (f) open-source components governed by their own licenses. If a claim is made or appears likely, CapchaCloud may, at its option, (i) procure the right for you to continue using the Service; (ii) modify the Service to be non-infringing; (iii) terminate the affected portion of the Service and refund a pro-rated portion of pre-paid fees. This is your sole and exclusive remedy for IP infringement.
Neither party is liable for any delay or failure to perform (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental action, sanctions, public health emergencies, internet or telecommunications failures, attacks on infrastructure, third-party Subprocessor outages, or other events of force majeure.
You represent and warrant that: (a) you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions; (b) you are not listed on any U.S. or applicable foreign restricted-party list; (c) you will not use the Service in violation of U.S. export control laws or applicable sanctions; (d) you will not offer, give, or accept any bribe, kickback, or improper payment in connection with this Agreement, and you will comply with the U.S. Foreign Corrupt Practices Act, the UK Bribery Act, and analogous anti-corruption laws.
The Service and documentation are “Commercial Items,” “Commercial Computer Software,” and “Commercial Computer Software Documentation” under 48 C.F.R. §2.101. If acquired by or on behalf of any U.S. Government agency, the Service is provided with only those rights set forth in this Agreement (consistent with 48 C.F.R. §§12.212 and 227.7202).
CapchaCloud may identify you as a customer and use your name and logo, in factual and non-disparaging form, in customer lists, case studies, and marketing materials, subject to any reasonable trademark use guidelines you provide. You may opt out by written notice to support@serviceautomations.ai (subject line: “Publicity opt-out”); opt-out applies prospectively only.
You may not issue press releases or other public statements about this Agreement or our commercial relationship without our prior written consent.
Notices to CapchaCloud must be sent to support@serviceautomations.ai (the same address handles legal, security, billing, and privacy/DSAR topics — please use a clear subject line). Legal process should be directed to Service Automations LLC through its designated registered agent or the physical notice address provided in an executed order form or enterprise agreement where required.
Notices to Customer will be sent to the email address on file with your Account, posted in the Service, or provided via your dashboard. Notices are deemed given when sent (for email) or when delivered (for postal mail). You are responsible for keeping your contact information current.
You may not assign or transfer this Agreement, by operation of law or otherwise, without CapchaCloud’s prior written consent. Any attempted assignment in violation of this clause is void. CapchaCloud may assign or transfer this Agreement without consent in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets, or to an affiliate.
Governing Law. This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Mandatory Binding Arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service, including its formation, breach, termination, validity, or enforceability, will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (or, if the amount in controversy exceeds $250,000, JAMS Comprehensive Arbitration Rules), by a single arbitrator. The arbitration will be conducted in Travis County, Texas, in English. The arbitrator’s award is final and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. YOU AND CAPCHACLOUD AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. If this class action waiver is held unenforceable, then the entirety of this §29 arbitration provision is null and void as to the affected claim, but the remainder of the Agreement remains in force.
Exceptions. Either party may (a) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information, or to enjoin unauthorized use of the Service; (b) bring a claim in small-claims court if it qualifies. Disputes that cannot be arbitrated by law are reserved exclusively to the state and federal courts located in Travis County, Texas, and each party consents to personal jurisdiction and venue there.
Statute of Limitations. Any claim must be brought within one (1) year after the cause of action arose; otherwise it is permanently barred.
We may update this Agreement from time to time. We will post the updated version at this URL and update the “Effective Date” above. Material changes will be communicated by email to the contact on file or by prominent notice in the Service at least 14 days before they take effect, except where a faster effective date is required by law or for changes that solely benefit Customer. Your continued use of the Service after the effective date constitutes acceptance. If you do not agree, you must stop using the Service before the effective date.
Entire Agreement. This Agreement (with the Privacy Policy, AUP, DPA where applicable, and any executed order forms or enterprise agreements) constitutes the entire agreement between the parties and supersedes all prior or contemporaneous understandings, written or oral.
Order of Precedence. In the event of conflict: (1) executed enterprise agreement or order form; (2) DPA; (3) these Terms; (4) Privacy Policy; (5) AUP; (6) other linked policies.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
No Waiver. No failure or delay in exercising any right is a waiver.
Independent Contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency, fiduciary, or employment relationship.
No Third-Party Beneficiaries. This Agreement is for the benefit of the parties only, and confers no rights on any third party (including End Users).
Survival. Provisions that by their nature should survive termination will survive, including §§1, 5–10, 13–14, 18, 19–24, 28–31.
Headings. Section headings are for convenience and do not affect interpretation.
Counterparts and Electronic Signatures. This Agreement may be accepted by clickthrough, OAuth sign-in, or electronic signature, each of which has the same legal effect as a manuscript signature.
Construction. “Including” means “including without limitation.” Ambiguities will not be construed against the drafter.
Language. The English version of this Agreement is controlling.
Service Automations LLC — support@serviceautomations.ai (legal, security, billing, privacy/DSAR, abuse reports, compliance questions, and general inquiries — please use a clear subject line). Website: serviceautomations.ai
End of Terms of Service. Last updated: May 15, 2026. Have Texas-licensed counsel review §§20, 21, and 29 before relying on this document for enterprise sales.