Terms: Mimoto Continuous CAPTCHA

Last Updated: September 12, 2025

These Terms and Conditions (“Terms”) govern your access to and use of Mimoto Continuous CAPTCHA (“Service,” “Platform,” or “Mimoto”), a web-based bot detection and prevention service provided by Mimoto, Inc. (“Company,” “we,” “us,” or “our”).

By accessing or using our Service, you (“Customer,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, do not use our Service.

1. SERVICE DESCRIPTION

1.1 Overview

Mimoto Continuous CAPTCHA is a web-based security service designed to detect, divert, and prevent automated bots, agents, and other non-human entities from accessing protected areas of websites, creating accounts, submitting forms, or engaging in other activities typically reserved for legitimate human users.

1.2 Service Features

The Service provides:

  • Real-time bot and agent detection and diverting
  • Form protection for registration and download processes
  • Account creation security measures
  • Integration APIs and tools for website implementation
  • Analytics and reporting dashboards
  • Customer support and documentation

1.3 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted availability of the Service. Scheduled maintenance will be announced in advance when possible.

2. ACCOUNT REGISTRATION AND ELIGIBILITY

2.1 Account Creation

To use our Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

2.2 Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. In addition, you nor your organization may not be located in a country listed on the USA State Department’s list of sanctioned and embargoed countries.

2.3 Account Security

You are solely responsible for:

  • Maintaining the security of your account credentials
  • All activities that occur under your account
  • Immediately notifying us of any unauthorized access or security breaches

3. ACCEPTABLE USE POLICY

3.1 Permitted Uses

You may use our Service solely for:

  • Protecting your legitimate websites and web applications from automated bot traffic
  • Preventing fraudulent account creation and form submissions
  • Maintaining the security and integrity of your online platforms
  • Other lawful purposes consistent with the Service’s intended functionality

3.2 Prohibited Uses

You may not use our Service to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Discriminate against users based on protected characteristics
  • Block legitimate accessibility tools or assistive technologies
  • Interfere with the Service’s operation or security
  • Reverse engineer, decompile, or attempt to extract source code
  • Use the Service for any unlawful or fraudulent purposes
  • Resell or redistribute the Service without explicit written permission

3.3 Implementation Requirements

When implementing our Service, you must:

  • Provide clear notice to users that bot detection technology is in use
  • Comply with applicable privacy laws and regulations
  • Ensure reasonable accessibility accommodations are available
  • Use the Service in accordance with our integration guidelines

4. PRIVACY AND DATA PROTECTION

4.1 Data Collection

Our Service may collect and process, but do not retain data beyond analyzing:

  • Technical information about interactions and behavior patterns
  • IP addresses and device identifiers
  • Browser and system information
  • Interaction timestamps and session data

4.2 Data Use

We use collected data solely for:

  • Providing and improving bot and agent detection services
  • Analyzing traffic patterns and security threats
  • Maintaining Service security and functionality
  • Complying with legal obligations

4.3 Data Retention

We retain data only as long as necessary for Service provision and legal compliance. Specific retention periods are detailed in our Privacy Policy.

4.4 Privacy Policy

Our comprehensive Privacy Policy, incorporated by reference, governs our data practices. By using the Service, you also agree to our Privacy Policy.

5. CUSTOMER RESPONSIBILITIES

5.1 Implementation Compliance

You are responsible for:

  • Proper integration and configuration of our Service
  • Maintaining current software versions and security updates
  • Ensuring your implementation complies with applicable laws
  • Providing appropriate user notifications and privacy disclosures

5.2 Content and Conduct

You remain solely responsible for:

  • All content on your websites and applications
  • Your interactions with end users
  • Compliance with accessibility requirements
  • Handling user complaints or concerns related to our Service

5.3 Cooperation

You agree to cooperate with us in:

  • Investigating security incidents or Service abuse
  • Providing necessary information for Service improvement
  • Resolving technical issues or integration problems

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Our Rights

We retain all rights, title, and interest in:

  • The Mimoto Service and underlying technology
  • Our trademarks, logos, and branding
  • Proprietary algorithms and methodologies
  • Documentation and support materials

6.2 Your Rights

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use our Service for your internal business purposes.

6.3 Feedback

Any feedback, suggestions, or improvements you provide regarding our Service may be used by us without compensation or attribution.

7. FEES AND PAYMENT

7.1 Service Fees

Current pricing is available on our website. Fees may change with 30 days’ written notice for existing customers.

7.2 Payment Terms

  • Payment is due according to your selected billing cycle
  • All fees are non-refundable unless otherwise specified
  • You are responsible for all applicable taxes
  • Overdue accounts may result in Service suspension

7.3 Usage Limits

Your plan may include usage limits. Exceeding these limits may result in additional charges or Service restrictions.

8. SERVICE LEVEL AND SUPPORT

8.1 Support Services

We provide technical support through designated channels during business hours. Support levels may vary by subscription tier.

8.2 Service Updates

We may update the Service periodically. Material changes affecting functionality will be communicated in advance when possible.

8.3 Maintenance

We reserve the right to perform scheduled maintenance that may temporarily affect Service availability.

9. LIMITATION OF LIABILITY

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM.

9.3 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

9.4 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, damages, losses, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of applicable laws or third-party rights
  • Your implementation or configuration of the Service

11. TERMINATION

11.1 Termination by You

You may terminate your account at any time through your account dashboard or by contacting support.

11.2 Termination by Us

We may suspend or terminate your access immediately if you:

  • Violate these Terms
  • Fail to pay required fees
  • Engage in fraudulent or illegal activities
  • Pose a security risk to the Service

11.3 Effect of Termination

Upon termination:

  • Your right to use the Service ceases immediately
  • You remain liable for all accrued fees and obligations
  • We may delete your account data after a reasonable retention period
  • Provisions that should survive termination will remain in effect

12. MODIFICATIONS TO TERMS

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be communicated via email or Service notifications. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by the laws of the State of New York and the federal laws of the United States without regard to conflict of law principles.

13.2 Dispute Resolution Process

Before initiating formal proceedings, parties agree to attempt resolution through good faith negotiations. If unsuccessful, disputes arising under or relating to this Customer Agreement will be resolved exclusively by arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Any hearings will be held telephonically unless the arbitrator determines that an in-person hearing is required, in which case the location of any such hearing will be in San Francisco, CA, United States, or such other location as may be agreed by the Parties. The arbitrator for any dispute will be selected according to the Commercial Arbitration Rules of the American Arbitration Association and will have experience with intellectual property licensing Customer Agreements.  The award rendered by the arbitrator will be final, will identify a winning Party, and judgment may be entered upon the award in accordance with applicable law in any court having jurisdiction thereof.  The fees and expenses of the arbitrator will be shared by the Parties.  Notwithstanding the foregoing, each Party has the right to seek injunctive or other equitable relief in connection with any matter based upon or arising out of this Customer Agreement in any forum having proper legal jurisdiction over such matter.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitrations.

14. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Service-specific terms, constitute the entire agreement between the parties.

16.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

16.3 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations at any time.

16.4 Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

16.5 Notices

Notices will be sent to the email address associated with your account. You are responsible for maintaining current contact information.

16.6 Export Controls

The Service may be subject to export control laws. You agree to comply with all applicable export control and sanctions regulations.

17. CONTACT INFORMATION

For questions about these Terms or the Service, please contact us at:

Mimoto, Inc.
 Email: [email protected]
Phone: +1 415–320-7436

By using Mimoto Continuous CAPTCHA, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.