# Terms of Service > Draft terms for using Noptcha. Not yet in effect and not yet reviewed by counsel. Source: https://noptcha.com/legal/terms/ > **Draft — not yet in effect:** This is a working draft. It has not been reviewed by a lawyer, it is not in effect, and it may change completely before launch. Text marked \[TBD: …\] has not been decided. **Last updated:** \[TBD: date\] · **Effective:** \[TBD: effective date\] These Terms of Service (“Terms”) are an agreement between you and Noptcha, LLC, a \[TBD: state of organization\] limited liability company (“Noptcha”, “we”, “us”), with its address at \[TBD: company address\]. They cover the Noptcha API at `api.noptcha.com`, the console at `app.noptcha.com`, this website and our SDKs (together, the “Service”). These Terms include the [Acceptable Use Policy](https://noptcha.com/legal/acceptable-use.md) and the [Refund Policy](https://noptcha.com/legal/refunds.md). The [Privacy Policy](https://noptcha.com/legal/privacy.md) explains how we handle personal data. ## 1\. Accepting these Terms By creating an account, or by using an API key, you accept these Terms. If you accept them on behalf of a company or other organization, you confirm that you are authorized to bind it, and “you” means that organization. - **Who may use the Service.** The Service is intended for \[TBD: businesses and developers only, or also consumers\]. You must be at least \[TBD: minimum age\] years old. - **Restricted countries and persons.** You may not use the Service if you are located in, or organized or ordinarily resident in, \[TBD: list of sanctioned or restricted countries and regions\], or if you are a person with whom we are prohibited from dealing under applicable sanctions laws. We may block access from these places. ## 2\. Accounts and organizations - **Sign-up.** You sign up with an email address and confirm it through a link we send; your account is created only after that. Each account belongs to a person. An organization is created for you when you sign up. - **Two-step verification is mandatory.** Every sign-in requires a second step (an authenticator app or a one-time code by email). Keep your password, authenticator and recovery codes safe. Some sensitive actions ask you to verify again. - **Organizations and roles.** Balance, keys, prices and limits belong to an organization. Members have a role (owner, admin, developer, billing or viewer). Every organization has at least one owner. The organization is responsible for what its members do in the Service. - **Accurate information.** Give us accurate information and keep your email address working: we use it for security notices, payment notices and notices under these Terms. - **One person, one account.** Do not share an account between people; invite them as members instead. Do not create accounts to get around a suspension, a limit or a promotion’s terms. ## 3\. API keys - A key (`nop_live_…` or `nop_test_…`) is shown **only once**, when it is created. We store only a hash of it and cannot show it again; if you lose it, create a new one or rotate it. - **You are responsible for all use of your keys**, including charges for tasks created with them, until you revoke them. Keep keys out of public code and client-side applications. If a key leaks, revoke or rotate it immediately. - You can limit a key by scope, task type, IP address range, spending budget and expiry date. These limits are tools to help you; setting them is your choice. - **Test keys** (`nop_test_…`) run in a sandbox: they return fixed answers, never contact a solving resource and are never charged. See [Sandbox](https://noptcha.com/docs/sandbox.md). ## 4\. The Service - **What we do.** You submit a captcha task; we route it to a solving resource, which may be our own recognition software, a third-party solving provider or an AI model, and return the result. We choose the route; you cannot choose a specific provider. - **No guarantee of a result.** A task may fail or time out. Each task type has a time limit (for example, 120 seconds for most token types). A solved result is a best effort: we do not guarantee that a token or answer will be accepted by the website that issued the captcha. - **Results are kept briefly.** The result of a task can be fetched for 10 minutes after the task finishes; after that it is gone. - **Limits.** Requests are subject to rate limits, concurrency limits and request size limits, described in [Rate limits and quotas](https://noptcha.com/docs/limits.md). We may change them; for an organization we may also lower them to protect the Service. - **Changes.** We may add, change or remove task types, features and API versions. We follow the policy in [Versioning and compatibility](https://noptcha.com/docs/versioning.md) for breaking changes to the API. - **Availability.** We work to keep the Service available, but we do not promise uninterrupted service. \[TBD: whether to offer a service level (SLA) and service credits\] ## 5\. Prices, balance and payment - **Prepaid, in US dollars.** You add funds to your organization’s balance (“top up”) and solved tasks are deducted from it. All amounts are in US dollars. - **You pay only for solved tasks.** A task is charged only when it is solved. Tasks that fail, time out or are rejected are not charged. When you create a task, its price is reserved from your available balance; the reserved amount is released if the task is not solved. - **Prices.** The price of each task type is shown in the console and returned by `GET /v1/types`. The price is fixed when the task is created, so a price change never affects a task already in progress. We may change prices for new tasks \[TBD: with how much notice, and how we notify you\]. - **Top-ups.** A single top-up must currently be between **$5 and $10,000**. You must confirm your email address before you can top up. Payments are processed by third-party payment processors (card and wallet payments, and cryptocurrency); we do not receive or store your full card number. For cryptocurrency, the amount credited is the US dollar value actually received. - **Taxes.** \[TBD: whether we charge VAT, GST or sales tax, and how prices are stated with respect to tax\] - **Balance expiry.** Your cash balance (from top-ups) does not expire. \[TBD: confirm no expiry and no dormancy fee, or set an inactivity rule\] - **Promotional credit.** Credit from sign-up offers, promo codes or compensation from us is kept separately from cash. It is used before cash, it may have an expiry date (shown in the console), and it **cannot be refunded, withdrawn or transferred**. We may withdraw promotional credit that was issued by mistake or obtained in breach of these Terms or the promotion’s terms. - **Negative balance.** Your balance can fall below zero in some cases, for example when tasks already in progress are charged after promotional credit expires, or under a credit limit. Any negative balance is an amount you owe us. A credit limit exists only if we agree to it with you in writing; by default it is zero. - **Key budgets** limit what a key can spend; they do not limit your liability for charges within them. - **Receipts.** \[TBD: receipts and invoices: format, availability in the console, and the billing details shown\] ## 6\. Refunds and chargebacks Refunds of unused balance, promotional credit, refunds made through the payment processor and chargebacks are covered by the [Refund Policy](https://noptcha.com/legal/refunds.md). In short: unused cash balance can be refunded on request, promotional credit cannot, and a chargeback or a fraud warning from the payment processor suspends the organization while it is resolved. ## 7\. Acceptable use You must follow the [Acceptable Use Policy](https://noptcha.com/legal/acceptable-use.md). You are responsible for making sure that your use of the Service, and the use of the websites and systems you interact with through it, is lawful and authorized. ## 8\. Suspension and termination - **By us.** Enforcement is largely automated by rules. We may suspend (freeze) an organization, revoke keys or block requests, without prior notice, when we reasonably believe that the account breaches these Terms or the Acceptable Use Policy, when a payment is disputed or flagged as possibly fraudulent, when the balance is negative, or when we are required to by law. While an organization is frozen, its keys cannot create tasks and it cannot redeem promo codes or top up, except that an organization frozen only because its balance went negative can top up to clear it. - **Appeals.** If you believe a suspension is wrong, contact us at \[TBD: support or appeals contact\]. We will review the appeal and tell you the outcome \[TBD: target response time\]. - **Termination for serious breach.** We may close an account permanently for serious or repeated breaches. \[TBD: whether unused cash balance is refunded or forfeited when an account is closed for a breach\] - **By you.** You can stop using the Service at any time. An owner can close an organization in the console and reopen it within 30 days. If the organization still has cash balance, ask for a refund before closing (see the [Refund Policy](https://noptcha.com/legal/refunds.md)); to close it anyway you confirm that you give up that balance, and you can still ask for the refund within those 30 days by reopening the organization first. A payment that arrives after the organization was closed is not added to it: we add it if the organization is reopened within the 30 days, and otherwise (or once you tell us it will not be reopened) return the full amount to the payer (see the [Refund Policy](https://noptcha.com/legal/refunds.md)). You can also delete your account in the console. What happens to your data afterwards is described in the [Privacy Policy](https://noptcha.com/legal/privacy.md). - Sections that by their nature should survive termination (including payment obligations, disclaimers, limitation of liability and indemnity) survive it. ## 9\. Reporting incorrect answers You can report whether an answer was correct (`POST /v1/tasks/{id}/feedback` or the compatible report methods) within 10 minutes after a task finishes. We use reports to measure and improve quality. **Reports do not currently lead to a refund of the task.** \[TBD: whether and when per-task refunds based on reports will be offered\] ## 10\. Your data and task content - You keep your rights in the data you submit (for example images, website addresses, site keys, proxies). You give us permission to process it, and to send it to the solving resources that handle your tasks, only to provide, secure and improve the Service. - You confirm that you have the right to submit that data and that submitting it does not violate law or anyone else’s rights. If you submit proxy credentials, you confirm that you are authorized to use that proxy. - We handle personal data as described in the [Privacy Policy](https://noptcha.com/legal/privacy.md). \[TBD: whether a data processing agreement (DPA) is offered, and on what terms\] ## 11\. Our property The Service, this website and its documentation belong to us or our licensors. You may use the documentation and code examples to integrate with the Service. Our SDKs are licensed under \[TBD: SDK license\]. Do not copy, resell or offer the Service to others as your own service except as allowed by the [Acceptable Use Policy](https://noptcha.com/legal/acceptable-use.md). If you send us suggestions, we may use them without obligation. ## 12\. Disclaimer of warranties \[TBD: disclaimer text to be drafted by counsel, including any wording required for consumers\] To the extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, including merchantability, fitness for a particular purpose and non-infringement. ## 13\. Limitation of liability To the extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for all claims relating to the Service is limited to \[TBD: liability cap, for example the amounts you paid in a period before the claim\]. ## 14\. Indemnity You will defend and indemnify Noptcha against claims by third parties arising from your use of the Service in breach of these Terms or the law, including claims by the operators of websites you interact with through the Service. \[TBD: scope of indemnity, and whether it applies to consumers\] ## 15\. Changes to these Terms We may update these Terms. For material changes we will notify you by email or in the console \[TBD: notice period, for example 30 days\] before they take effect. If you continue to use the Service after the change takes effect, you accept the updated Terms. ## 16\. Governing law and disputes These Terms are governed by \[TBD: governing law\]. Disputes will be resolved by \[TBD: dispute resolution method: courts or arbitration, venue, class action waiver, small-claims option\]. ## 17\. Legal requests We respond to valid legal process from law enforcement and other authorities, as described in the [Acceptable Use Policy](https://noptcha.com/legal/acceptable-use.md#law-enforcement-and-legal-requests). ## 18\. General These Terms, with the policies they refer to, are the whole agreement between you and us about the Service. If a provision is unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. \[TBD: language of the binding version, if translations are published\] ## 19\. Contact Noptcha, LLC · \[TBD: company address\] · \[TBD: contact email for legal notices\]