Business Terms of Service

Introduction

These Business Terms of Service ("Agreement") govern the use of Humanmark's human verification API and related services (the "Service") by businesses and developers ("you" or "Customer"). This Agreement is between you and Humanmark SPC, a Washington State Social Purpose Corporation ("Humanmark," "we," "our," or "us").

By accessing or using our API, SDKs, or Service, you agree to be bound by this Agreement. If you're using Humanmark on behalf of an organization, you represent that you have authority to bind that organization to these terms.

Beta Service Notice

The Humanmark Service is currently in beta. This means:

• Features and functionality may change without notice
• While we've built for reliability, we don't guarantee any specific uptime
• Pricing may change with 30 days' notice
• We're actively improving based on real-world usage
• Migration to general availability should be seamless, but we'll communicate if not

Your use during beta helps us build a better service. Thank you for being an early adopter.

The Service

What Humanmark Provides

Humanmark provides an API that enables you to verify the humanity of your users without collecting their personal information. Our service:

• Confirms whether a request comes from a human user
• Uses hardware-backed verification on users' devices
• Returns verification results containing only: request ID, timestamp, and success/failure status
• Preserves user privacy throughout the process

No personal information about users is ever transmitted or stored.

Getting Started

To use the Service:

1. Email us at sales@humanmark.io
2. Obtain your API keys
3. Integrate our SDK and API into your application
4. Start verifying human users

Technical documentation is available at humanmark.dev.

Pricing and Payment

Pricing Structure

• Free Tier: Up to 2,000 verifications per month at no cost
• Paid Tiers: Available at humanmark.dev with monthly verification allowances
• Overage: Additional verifications beyond your tier's allowance are charged per verification

Pricing details and tiers are subject to change with 30 days' notice.

Payment Terms

• All charges are billed monthly in arrears
• Payment is due net 30 days from invoice date
• Invoices are sent to your registered billing email
• All fees are in US dollars
• Fees are non-refundable except as required by law

Taxes

You're responsible for all taxes associated with your use of the Service, except for taxes based on Humanmark's net income. If we're required to collect taxes, they'll be added to your invoice.

Using the Service

Acceptable Use

You may use Humanmark for any lawful purpose consistent with this Agreement. You agree to:

• Integrate the Service according to our technical documentation
• Use our official SDK for all user-facing verification interfaces (QR codes and app links)
• Make backend API calls directly using your API keys
• Accurately describe Humanmark's capabilities to your users
• Comply with our API guidelines and rate limits

Integration Requirements: You must use our official SDK to display verification prompts to users. Custom frontend implementations require our prior written approval. Backend integration is done via direct API calls; no SDK required.

Verification Accuracy

While Humanmark uses advanced hardware-backed verification, no system can guarantee 100% accuracy in all circumstances. We do not warrant that every verification result will be correct or that all automated systems will be detected. You acknowledge that:

• Some legitimate humans may fail verification due to device issues or other factors
• Sophisticated attacks or future technologies may occasionally bypass verification
• Device compromises, jailbreaks, or security vulnerabilities could affect results
• False positives and false negatives are possible with any verification system
• You should implement Humanmark as one layer in your security strategy, not as a sole defense

The Service is designed to significantly reduce automation, not eliminate it entirely. Your reliance on verification results is at your own risk.

Prohibited Uses

You may not:

• Use the Service for illegal activities or to facilitate fraud
• Attempt to reverse engineer or compromise our verification system
• Resell, sublicense, or white-label the Service
• Use the Service to build a competing product
• Misrepresent your relationship with Humanmark
• Make false or misleading claims about our Service
• Use the Service in ways that could damage our reputation or business
• Attempt to circumvent usage limits or pricing tiers
• Share or publish your API keys

API Keys and Security

• Your API keys are confidential; keep them secure
• You're responsible for all usage under your API keys
• Notify us immediately at security@humanmark.io if your keys are compromised
• We may revoke or regenerate keys if we detect misuse
• Don't hard-code keys in client-side code or public repositories

Rate Limits and Fair Use

• Rate limits are tailored to your expected volumes
• We'll work with you if you need higher limits
• Excessive use that impacts service quality may result in temporary throttling
• We'll notify you before applying any restrictions when possible

Privacy and Data Protection

Privacy Commitment

Humanmark is designed with privacy at its core:

• We don't collect or store end-user personal information
• Each verification is independent with no user tracking
• We can't correlate verifications across sessions or services

Your Responsibilities

You agree to:

• Not send us any end-user personal data
• Have your own privacy policy that discloses your use of Humanmark

Data Processing

For any technical data we process:

• We maintain industry-standard security measures
• We retain API logs for 30 days for operational purposes
• We process data only as necessary to provide the Service
• We don't sell or share data with third parties (except required service providers)

Intellectual Property

Humanmark's Property

We retain all applicable rights in:

• The Humanmark name, logos, and trademarks
• Our API, SDKs, and documentation
• Our verification technology and methods
• Any improvements or derivatives of the above

License to Use

Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable license to:

• Use our API to verify human users
• Use our SDKs under their applicable open source licenses (currently MIT)
• Display "Verified by Humanmark" or similar attribution as we specify

Brand Guidelines

When referencing Humanmark:

• Be accurate and non-misleading
• Don't imply endorsement or partnership beyond your actual relationship
• Don't use our name in comparative advertising without permission
• Follow any brand guidelines we publish

Feedback and Suggestions

If you provide feedback or suggestions:

• We own all rights to use them without restriction
• You waive any rights to compensation or attribution
• You represent that your feedback doesn't violate others' rights

Publicity Rights

We may identify you as a Humanmark customer in our marketing materials and website unless you notify us otherwise at legal@humanmark.io. Any use of your logos or detailed case studies requires your prior written consent.

Service Level and Support

Service Availability

During beta:

• We aim for high availability but don't guarantee specific uptime
• No service level agreements (SLAs) or service credits are provided
• We'll promptly address any service disruptions
• Status updates will be posted at status.humanmark.dev
• Emergency maintenance may occur without notice

Support

• Technical documentation: humanmark.dev
• General support: support@humanmark.io
• Security issues: security@humanmark.io
• We strive to respond within 2 business days

Warranties and Disclaimers

Customer Warranties

You represent and warrant that:

• You have all necessary rights to use the Service
• Your use won't violate any laws or third-party rights
• You'll comply with all applicable data protection laws
• Your applications won't harm users or their devices

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• AVAILABILITY OR ACCURACY

We don't warrant that the Service will meet your specific requirements or be error-free.

Limitation of Liability

Liability Cap

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE GREATER OF:

• The fees you paid us in the 12 months before the claim arose
• $100

Consequential Damages

NEITHER PARTY WILL BE LIABLE FOR:

• Lost profits or revenue
• Loss of use or data
• Business interruption
• Indirect, incidental, or consequential damages
• Punitive or exemplary damages

This applies even if advised of the possibility of such damages.

Exceptions

These limitations don't apply to:

• Breach of confidentiality obligations
• Indemnification obligations
• Willful misconduct or gross negligence

Indemnification

Mutual Indemnification

Each party will defend, indemnify, and hold harmless the other party from third-party claims arising from:

• Breach of this Agreement
• Violation of applicable laws
• Infringement of third-party rights
• Willful misconduct or gross negligence

Your Additional Indemnification

You'll also indemnify us for claims arising from:

• Your applications or services
• Your use of the Service
• Disputes between you and your users
• Your modifications to our SDKs beyond their intended use

Process

The indemnified party will:

• Promptly notify the indemnifying party of claims
• Provide reasonable cooperation
• Allow the indemnifying party to control defense and settlement

Term and Termination

Term

This Agreement begins when you first use the Service and continues until terminated.

Termination

Either party may terminate this Agreement:

• For any reason with 30 days' written notice
• Immediately if the other party materially breaches and doesn't cure within 10 days of notice

Effect of Termination

Upon termination:

• Your access to the Service will end
• API keys will be revoked on the termination effective date
• Outstanding fees remain due
• You must stop using our marks and technology
• We'll delete your operational data within 30 days (except records required for legal/accounting purposes, retained for 7 years)
• Sections that should survive (liability, indemnification, etc.) remain in effect

General Terms

Modifications

We may modify this Agreement with 30 days' notice. Continued use after changes take effect constitutes acceptance.

Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including:

• Natural disasters
• Government actions
• Internet or infrastructure failures
• Pandemics
• Other unforeseeable events

Assignment

We may assign this Agreement to a successor. You may not assign without our written consent.

Governing Law

This Agreement is governed by Washington State law, excluding conflict of law principles.

Dispute Resolution

Informal Resolution: Contact us at legal@humanmark.io to attempt resolution before formal proceedings.

Arbitration: Unresolved disputes will be settled by binding arbitration through JAMS in Seattle, Washington. Each party bears its own costs.

Exceptions: Either party may seek injunctive relief in court for intellectual property violations.

Entire Agreement

This Agreement and our Privacy Policy constitute the entire agreement between us regarding the Service.

Severability

If any provision is found unenforceable, the remainder continues in full effect.

No Waiver

Failure to enforce any provision isn't a waiver of our right to do so later.

Export Compliance

You agree to comply with all applicable export laws and regulations in using the Service.

Contact Information

General Inquiries: support@humanmark.io

Legal: legal@humanmark.io

Security: security@humanmark.io

Website: humanmark.dev