4. User’s Registration
4.1. Registration of the User requires an email address and password.
4.2. The Company considers the email address as personal data within the meaning of GDPR.
4.3. Registration implies consent with the Confidentiality Policy.
4.4. The Company does not verify information provided by users, has no obligations to third parties for the accuracy and reliability of the data provided by the User, and does not consider the provided data as personal. In accordance with the EU policy, we may obtain some information about you directly or indirectly from partners. Please, refer to the Confidentiality Policy.
4.5. The User is obliged to ensure the security of his or her data.
4.6. Actions performed using the username and password (key-password) of the User are considered as actions performed by the User.
4.7. The User agrees to:
- Immediately notify the Company of any unauthorized use of his or her password or account or any other breach of security;
- Not allow anyone other than the User to use his or her login (email) and password.
6. Limitation of Liability
6.1. The Company has the right to establish any additional requirements and restrictions regarding the registration on the website and use of the Service.
6.2. This Agreement is governed by and construed in accordance with the laws of the jurisdiction depending on the location of the User. Issues not regulated by this Agreement shall be resolved in accordance with the laws of the jurisdiction depending on the location of the User.
6.3. The Company’s inaction in case of a violation of the provisions of the User Agreement does not deprive the Company of the right to take appropriate action to protect its interests later, and does not constitute a waiver by the Company of its rights in the event of a subsequent similar violation.
6.4. The Company does not provide the Service for illegal purposes and prohibits its use for committing actions that violate the laws of any jurisdiction.
6.5. The Company is not responsible for the actions of the User that violate laws or the rights of third parties.
6.7. The User uses the Company Service at his or her own risk. The Service is provided "as is". The Company is not responsible, including for compliance with the purposes of the User.
6.8. The Company does not guarantee that:
- The Service meets/will meet the particular requirements of the User;
- Service will be uninterrupted, timely, secure, or error-free.
The User does not have the right to use the Company Service or website for illegal purposes, including causing damage to third parties (including government agencies), violating the laws of any jurisdiction.
6.10.1. uploading, posting, transmitting or any other kind of publication of materials that are illegal, harmful, threatening, morally offensive, discrediting, violating copyrights and other intellectual property rights, promoting hatred and/or discrimination against people based on racial, ethnic, sexual, social discrimination and violating generally accepted norms and ethics of society and communication in the Internet;
6.10.2. violations of the rights of minors and/or causing them harm in any form, including moral;
6.10.3. infringement of the rights of minority groups;
6.10.4. uploading, posting, transmitting or any other way of publishing materials that should not be provided in accordance with any law or in accordance with any agreements with third parties;
6.10.5. uploading, posting, transmitting or any other way of publishing materials that violate any rights of third parties, including the right to trademarks (service marks), trade secrets and/or violation of any other rights of third parties that have intellectual property
6.10.6. downloading, posting, transmission or any other type of publication in special advertising media, including mass, unauthorized and/or expected recipients of unwanted advertising mailings, including a source with a large number of repetitions of the same mailing address ("spam"), as well as sending repeated messages to one recipient, not agreed with him or her, is not allowed;
6.10.7. other violations.
The Company is not responsible for any violation of this clause of the Agreement by the User.
6.11. Use of a third-party service software through the Company’s Service/Software: you shall accept the terms of use of the third-party service/software before you start using them through the Company’s Service/Software.
6.12. Use of third-party services/software: you shall have a separate paid license for the third-party service/software if a paid license is required for your activity before using the third-party service/software through the Company’s Service/Software.
6.13. If you create content for personal use and/or for sale using the Company’s Service, it is automatically subject to the rules of this User Agreement. You may provide an additional user agreement, but no less stringent than the current User Agreement. You should also provide an additional agreement (policy) on the collection and processing of personal data in case of such data collection.
6.14. Permitted areas of use of CapMonster и CapMonster.cloud:
6.14.1. These are used to test your own website or a website for which you have permission to test.
6.14.2. These are used to recognize images you specify using a computer vision system.
6.14.3. These are used as an assistive system for visually impaired people or people who do not know the language in which the text in the image is written.