Terms of Service
Last updated: September 15, 2022
This Terms of Service describes Our policies on the use of the Service and tells You about what You are allowed and not allowed to do with the Service.
By using the Service, You agree to the Your rights in accordance with this Terms of Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Terms of Service:
- Account means a unique account created for You to access our Service or parts of our Service.
- Application means the software program provided by the Company downloaded by You on any electronic device, named NopeCHA
- Business refers to the Company as the legal entity that collects Consumers’ personal information and determines the purposes and means of the processing of Consumers’ personal information, or on behalf of which such information is collected and that alone, or jointly with others, determines the purposes and means of the processing of consumers’ personal information, that does business in the State of California.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to NopeCHA.
- Consumer means a natural person who is a California resident. A resident, as defined in the law, includes (1) every individual who is in the USA for other than a temporary or transitory purpose, and (2) every individual who is domiciled in the USA who is outside the USA for a temporary or transitory purpose.
- Country refers to: United States
- Sale means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a Consumer’s personal information to another business or a third party for monetary or other valuable consideration.
- Service refers to the Application.
- You (referred to as either "You", or "Customer" in this Agreement) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Allowed Use Cases
The Service is aimed to be an accessibility tool for those with disabilities or medical conditions. Disabilities or medical conditions may include, but is not limited to:
- Poor eyesight
- Impaired motor functions
Bridging the Language Gap
The Service can be used in cases where the lack of language understanding presents a barrier in understanding the presented CAPTCHA challenge or being able to identify or typing the language characters presented in the CAPTCHA.
The Service can be used in cases where You wish to improve your browsing experience.
Disallowed Use Cases
You may not use the Service to perform malicious activities. Malicious may include, but is not limited to:
- Malicious hacking
- Account or credit card cracking
- Attempting to damage a computer network or machine
Illegal or Unethical Activities
You may not use the Service to perform activities illegal or unethical in the Country or the country in which You are using the Service.
Violating Terms of Service of Other Parties
You may not use the Service to perform activities that violate other parties' terms of service or usage guidelines.
You may not use the Service to aid in activities contributing to spamming other parties' databases, users, or network. Such activities may include, but is not limited to:
- Automated account generation
- Automated form submission
- Automated email sending
- Automated message sending
Your Rights under the Terms of Service
Under the Terms of Service, You have the following rights:
- The right to notice. You have the right to be notified when You are blocked from the Service as a result of violation of the Terms of Service.
- The right to request. You have the right to request the status of Your access to the Service. Once We receive and confirm Your request, We will disclose to You:
- The status of Your access to the Service
- The reason for restricted access to the Service
- The condition in the Terms of Service that You violated
- The right not to be discriminated against. You have the right not to be discriminated against for exercising any of Your consumer’s rights, including by:
- Denying goods or services to You
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to You
- Suggesting that You will receive a different price or rate for goods or services or a different level or quality of goods or services
Customer acknowledges that they have been made adequately aware of the initial rates and fees associated with services being rendered by the Company and have received a complete description of services to be rendered. Customer also acknowledges that the Company reserves the right to change the specified rates and charges from time to time. Any promotional offers made by the Company are contingent upon the Company maintaining its cost of service goals, including but not limited to rates charged by its suppliers. Where possible, the Company will provide the Customer with a minimum of 15 days notice of any rate changes.
Payments and Fees
Customer acknowledges that the Company is under no obligation to provide services under the terms of this Agreement until all stated charges have been paid-in-full, and Company has been able to adequately verify the validity of said payment. Recurring payments will become due and payable on the first day of the month following the completion of the first invoice term, and will continue as such for all subsequent invoices. Any account that becomes past-due may will be subject to a 10% late payment fee, and may be suspended or disabled for non-payment at any time at the sole discretion of the Company. Accounts suspended or disabled for non-payment may be subject to a restoration charge due and payable prior to service being restored. Any accounts that are not collectable by the Company will be turned over to an outside collection agency. If Your account is turned over for collection, You agree to pay the Company a "Collection Fee" of not less than $150, in addition to any fees that may be imposed by the outside collection agency or its legal representation. All services that the Company offers are considered to be provided on a strictly prepaid basis.
All services rendered by the Company are provided on a non-refundable basis. This includes, but is not limited to, setup fees, monthly fees, upgrade fees, professional services fees, and overage fees, regardless of usage. In addition, if Your account is canceled by the Company for violation of this Agreement, all payments made to the Company become completely non-refundable. Customer agrees not to charge back any credit card payments for services rendered. In the event that a Customer files a charge back or other payment dispute, they will be considered to be in violation of this agreement and may be subject to collection action as described above.
Requests to cancel services may be made by notifying our Billing Department. All requests for service cancellation must be made a minimum of 5 days prior to the renewal date of the service being cancelled. Failure to provide notice at least 5 days prior to the renewal date will result in a full billable monthly cycle prior to cancellation. Where all services are considered to be provided on a strictly prepaid basis, no prorated or partial refunds will be made. All outstanding invoices must be paid in full prior to requesting cancellation.
Customer acknowleges that the Company will make its best effort to ensure that all invoices are correctly issued. However, should Customer note any possible errors, Customer agrees to notify our Billing Department within 15 days of the issuance of the errant invoice. After 15 days, all invoices will be assumed to be correct, and no further billing adjustments will be made.
Exercising Your Rights
In order to exercise any of Your rights under the Terms of Service, You can contact Us:
- By email: [email protected]
Only You, or a person registered with the California Secretary of State that You authorize to act on Your behalf, may make a verifiable request related to Your personal information.
Your request to Us must:
- Provide sufficient information that allows Us to reasonably verify You are the person about whom We collected personal information or an authorized representative
- Describe Your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it
We cannot respond to Your request or provide You with the required information if we cannot:
- Verify Your identity or authority to make the request
- And confirm that the personal information relates to You
We will disclose and deliver the required information free of charge within 45 days of receiving Your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.
For data portability requests, We will select a format to provide Your personal information that is readily useable and should allow You to transmit the information from one entity to another entity without hindrance.
The Company's Rights under the Terms of Service
Under the Terms of Service, the Company has the following rights:
- Restrict Your access to the Service for violating the Terms of Service. When You are found to have violated the Terms of Service, You waive your right to receive a refund and any form of compensation for Your payment involved in the Sale.
- Restrict Your access to the Service for any reason.
Changes to this Terms of Service
We may update Our Terms of Service from time to time. We will notify You of any changes by posting the new Terms of Service on this page.
We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the "Last updated" date at the top of this Terms of Service.
You are advised to review this Terms of Service periodically for any changes. Changes to this Terms of Service are effective when they are posted on this page.
If you have any questions about this Terms of Service, You can contact us:
- By email: [email protected]
If you have any questions about billing, You can contact our Billing Department:
- By email: [email protected]