I. Introduction & Definitions
The HumanPresence.io website ("Website") is a hosted bot detection and protection service ("Service") operated by Ellipsis Technologies, Inc. ("Ellipsis Technologies"). Any use of the Website and Service is subject to the following Human Presence™ Terms of Service ("TOS"). ("Personal Data") and ("Personal Information") means any information relating to an individual that can be used to identify that individual either on its own or in combination with other readily available data. The terms ("we"), ("our"), and ("us") in this TOS policy refer to Ellipsis Technologies delivering the Service and products herein. ("You") or ("Your") means the individual to whom any given Personal Data covered by this TOS policy refers. This can be You as a website publisher of content or Your site visitors/customers/end users. When You use a Human Presence API Key ("API Key"), download or use any Human Presence app/plugin/module/extension ("App"), or access any part of the Website or use the Service, You agree that You have read, understood, and agree to be bound by the these TOS concerning Your use of: (a) the Website and Service; (b) the API Key; and (c) the App.
To obtain or purchase an API Key for personal or commercial use, and to download the App to use our Service, You must sign-up/register with the Website (unless the specific App You have downloaded or are using includes Human Presence registration in the setup/configuration process (i.e. Shop Protector for Shopify for instance). After obtaining or purchasing an API Key, You will be able to use the Service. Ellipsis Technologies may in its sole discretion change, modify, suspend, make improvements to or discontinue any aspect of the Website and Service, temporarily or permanently, at any time and without notice to You. Under no circumstances will Ellipsis Technologies be liable for any such change, modification, suspension, improvement, discontinuance or any consequence thereof.
If You do not agree with the terms in this TOS, do not use the Service or Website. Continued use of the Service and Website constitues Your freely given specific and informed consent and agreement to Your personal data being processed pursuant to this TOS.
By registering with Ellipsis Technologies, You represent and warrant that the information You provide to Ellipsis Technologies in connection with any registration process is true and accurate, and that You will promptly notify Ellipsis Technologies if any of that information changes. Ellipsis Technologies may use the information that You provide during the registration process, in particular Your email address: (a) to communicate with You about the Website and Service, including without limitation, any changes to Ellipsis Technologies’ TOS or other policies; (b) respond to Your emails to us regarding spam; and (c) for all other purposes stated in Ellipsis Technologies’ TOS. Ellipsis Technologies reserves the right to terminate Your access to and use of all of the Ellipsis Technologies websites if You provide false or inaccurate information. If You obtain or purchase an API Key, You are responsible for maintaining the security of Your API Key, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with Your API Key. You must immediately notify Ellipsis Technologies of any unauthorized uses of Your API Key, Your account or any other breaches of security. Ellipsis Technologies will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
c. Commercial Use Plans, Fees and Payment
If You request an API Key from Ellipsis Technologies, You may choose from one of our plans listed on our pricing page or, if You are using one of our third-party partner solution Apps, pricing will be listed on the corresponding sign-up page for that partner App. Upon signing up for any plan, You agree to pay Ellipsis Technologies the service fees in accordance with the services chosen. Ellipsis Technologies reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to You. Your continued use of the API Key constitutes Your acceptance of all of the changed payment and fee terms.
d. Responsibility of Website Visitors
Ellipsis Technologies has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Ellipsis Technologies does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Ellipsis Technologies disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
e. Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the Website links, and that link to the Website, nor anything posted to non-linked third-party websites. Ellipsis Technologies does not have any control over those non-Human Presence websites and webpages, and is not responsible for their contents or their use. By linking to a non-Human Presence website or webpage, Ellipsis Technologies does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Ellipsis Technologies disclaims any responsibility for any harm resulting from Your use of non-Human Presence websites and webpages.
f. Copyright Infringement and DMCA Policy
As Ellipsis Technologies asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If You believe that material located on or linked to by the Website violates Your copyright, You are encouraged to notify Ellipsis Technologies. Ellipsis Technologies will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Ellipsis Technologies or others, Ellipsis Technologies may, in its discretion, terminate or deny access to and use of the Website or Service. In the case of such termination, Ellipsis Technologies will have no obligation to provide a refund of any amounts previously paid to Ellipsis Technologies.
Ellipsis Technologies, EllipsisTech.io, Human Presence, HumanPresence.io, the EllipsisTech.io logo, HumanPresence.io logo, VitalForms, Shop Protector and all other trademarks, service marks, graphics and logos used in connection with HumanPresence.io, or the Website are trademarks or registered trademarks of Ellipsis Technologies or Ellipsis Technologies’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants You no right or license to reproduce or otherwise use any Ellipsis Technologies or third-party trademarks.
The Website, Service, and these TOS may be changed at the sole discretion of Ellipsis Technologies and without notice. You are bound by any such updates or changes, including but not limited to those affecting these TOS, and so should periodically review these TOS.
i. Communications with Ellipsis Technologies
All notices and other communications to the Human Presence contact page required under this Agreement should be directed to the Human Presence contact page. Notice shall be deemed given twenty-four (24) hours after notice is sent. Alternatively, we may give notice by mail to the address provided during the registration process. In such case, notice is deemed given three (3) days after the date of mailing. Limitation of warranties of Ellipsis Technologies, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website and the Service are provided "as is", and Ellipsis Technologies, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. Ellipsis Technologies makes no representations and warranties regarding uptime for the Service and the accuracy of the Service in identifying spam or non-spam. You understand and agree that You download from, or otherwise obtain content or services through, the Website at Your own discretion and risk, and that Ellipsis Technologies, its suppliers and its licensors will have no liability or responsibility for any damage to Your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to You.
j. Limitation of liability of Ellipsis Technologies, its suppliers and its licensors
Except as otherwise expressly stated, in no event will Ellipsis Technologies, its suppliers or its licensors be liable to You or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website or Service, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Ellipsis Technologies, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of Your claims against Ellipsis Technologies, its suppliers and its licensors arising out of or related to use of the Website and Service, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by You to Ellipsis Technologies during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to You. You agree that this section represents a reasonable allocation of risk.
k. General Representation and Warranty
You represent and warrant that Your use of the Website and Service will be in accordance with the Ellipsis Technologies TOS, with any applicable laws and regulations, including without limitation any local laws or regulations in Your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside, and with any other applicable policy or TOS.
You agree to defend, indemnify and hold harmless Ellipsis Technologies, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of Your use of the Service, including but not limited to out of Your violation of any representation or warranty contained in these TOS.
Ellipsis Technologies may terminate this Agreement, Your rights under this Agreement, and Your access to and use of the Website and Service in its sole discretion, for any reason or no reason at all, (including but not limited to failure to pay Your fees), with or without cause and without notice or liability to You or any third party. Sites that sell, advertise, or are in any way related to bots that perform operations to spam, scrape, or circumvent the human ability to checkout are considered a conflict of interest to our user base and therefore we retain the right to refuse service to said entity. Any termination of these TOS automatically terminates the license to use the Service and this Website and to use Your API Key. You may terminate these TOS for any reason upon thirty (30) days prior written notice to Ellipsis Technologies.
Upon termination, all rights and obligations created by this Agreement will terminate, except that You will continue to be bound by those terms that would by their nature survive such termination, including without limitation those concerning intellectual property rights, disclaimers of warranties and limitations of liability; representations, warranties and indemnity obligations; and general provisions.
These TOS constitute the entire agreement between Ellipsis Technologies and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Ellipsis Technologies, or by the posting by Ellipsis Technologies of a revised version. Except to the extent applicable law, if any, provides otherwise, these TOS, any access to or use of the Website will be governed by the laws of the state of South Carolina, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Greenville County, South Carolina. If any part of these TOS is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these TOS or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Ellipsis Technologies may assign its rights under these TOS without condition. These TOS will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
III. Privacy & Data Collection
a. Personal Information
There are areas on the Website where You can share information that is unique to an individual; such as Your name, company name, postal addresses, e-mail addresses, phone number(s), zip code(s), and billing and payment information such as credit card information Personal Information. All of the foregoing is treated as Personal Information, as described in this TOS.
b. Protection of Personal Information
In order to protect Your Personal Information and Your right to privacy, Ellipsis Technologies:
- Takes steps to protect information from loss, misuse, and unauthorized access, disclosure, alteration, and destruction
- Performs physical, electronic, and management procedures to safeguard information based on its sensitivity
- Uses Secure Socket Layer (SSL) technology to protect sensitive data
- Uses servers that are protected by third-party managed firewalls, which are frequently updated to enhance security
- Protects the confidentiality of personal information when dealing with third parties
- Strives to keep personal information as accurate and up-to-date as is necessary for the purposes identified above
We cannot guarantee the security of information on or transmitted via the Internet. We rely on various security procedures and systems to ensure the secure storage and transmission of data, including encryption and authentication technology licensed from third parties, to effect secure transmission of confidential information.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol ("IP") addresses, browser type, internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about You. We do this to improve the Service we offer You, and to improve marketing, analytics, and/or functionality.
a. Collection on Your Sites
When installed on Your site, the Service allows Ellipsis Technologies and Ellipsis Technologies partners to set cookies to collect publisher data. If You are a U.S.-based or Australia-based customer, when an end user visits Your site, Ellipsis Technologies and Ellipsis Technologies partners may set a cookie and track such end user’s use of Your site, including allowing Ellipsis Technologies partners to incorporate cookies and pixels to enable the synchronization of internal unique identifiers between Ellipsis Technologies and our third party partners to facilitate online behavioral advertising.
b. Opt-out Requirement for Your Sites.
d. Sharing of Personal Information & Accountability for Onward Transfer
There are a variety of circumstances where we may need to disclose personal information to:
- A person who, in the reasonable judgment of Ellipsis Technologies is seeking the information as Your agent. For example, we may provide information about Your account to Your legal representative if we are satisfied that that individual is requesting the information on Your behalf;
- Our related companies or affiliates to help us serve You better and provide You with requested services;
- A company or individual employed by us to perform functions on our behalf, such as support services, information technology development and support, customer service or data processing, and are authorized to use Your Personal Information only as necessary to provide these services to us; and,
- A public authority, agent of a public authority or law enforcement agency if required by law.
We will share randomized, aggregated demographic information about our users with third parties. This information is not linked to any personal information and cannot identify any individual person. Ellipsis Technologies may also disclose Your Personal Information to any other third party with Your prior consent. Additionally, Ellipsis Technologies may share Your Personal Information, without Your prior consent, for the limited purposes noted below:
a. Subprocessors/Third Party Service Providers
To provide and market our services, Ellipsis Technology uses subprocessors to perform functions such as:
- Data Storage
- Marketing & Analytics
- Credit and Payment Card Transactions
You have the choice to limit the use and disclosure of Your personal data. If You choose to limit the data to be used, simply do not disclose that information to Ellipsis Technologies or use the Apps. In certain cases, limiting the use and disclosure of Your personal data may impact functionality or prevent the use of Ellipsis Technologies' Apps or the Service. When Ellipsis Technologies does share Your Personal Information with third party service providers and/or subprocessors, Ellipsis Technologies will:
- transfer such data only for limited and specified purposes;
- ascertain that the subprocessor is obligated to provide at least the same level of privacy protection as is required by these TOS;
- take reasonable and appropriate steps to ensure that the subprocessor effectively processes the Personal Information transferred in a manner consistent with the organization’s obligations under these TOS;
- require the subprocessor to notify Ellipsis Technologies if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by these TOS;
- upon notice, take reasonable and appropriate steps to stop and remediate unauthorized processing;
b. Legal Obligations
We cooperate with government or law enforcement officials and private parties to enforce and comply with laws applicable to our services. We will disclose information about You to government or law enforcement officials or private parties, as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, to protect our property, and the property and rights of a third party, to protect national security, the safety of the public or any person, or to prevent or stop activity we consider illegal or unethical. We will also share Your information to the extent necessary to comply with ICANN's rules, regulations, and policies regarding Your domain services.
If You are visiting this website from a country other than the country in which our servers are located, Your communications with us will result in the transfer of information across international boundaries. By visiting this website and communicating electronically with us, You consent to such cross-border transfers.
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