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Master Terms of Service

Last Updated: September 8, 2025. Please note that our English language terms are authoritative.

Welcome to hCaptcha! Thank you for being a part of our community. All users of the "Services" (defined below) must agree to the following terms (the "Terms of Service"). Under these Terms of Service, "IMI", "we" and "us" refers to Intuition Machines, Inc. and its subsidiaries, affiliates, officers, agents, employees, representatives, and agents, and our "website" includes any website under our control, including www.hcaptcha.com and www.imachines.com.

Please read these Terms of Service. They include, among other provisions, disclaimers of warranties, limitations of liability, and binding arbitration. Please note that these Terms of Service may have changed since your last visit to our website. We may revise and update these Terms of Service from time to time in our sole discretion. In the event of a material change, we will notify you by posting the updated Terms of Service on this page, after which you must affirmatively accept the updated Terms of Service in order to continue using or accessing the Site or the Service.

Please note that your use of our Service is governed by our Data Processing Agreement, which is incorporated herein by reference. Please review this agreement to see how we process personal data on your behalf. Note that we operate as a "data processor" for purposes of the EU General Data Protection Regulation, and a "service provider" for the purpose of the California Consumer Privacy Act.

Data Processing Agreement (Last updated: April 21, 2023)

If you do not agree to these Terms of Service, you may not use or access the Site or the Service.

1. Purpose

The Services include an online security service (the "hCaptcha Service") and a platform (the "Intuition Machines Platform") on which an individual ("Contributor") can choose to perform tasks that a third party entity or Intuition Machines itself (each a "Requester") posts to our website or the hCaptcha Service, either directly on our website or by accessing the Intuition Machines Platform and/or performing tasks through or in connection with a third party entity and/or platform or service (each, an "Integrator"). Requesters post tasks and invite Contributors to perform them in exchange for rewards provided by IMI to Integrators, or as determined by the Requester if the Requester is using the Intuition Machines Platform or hCaptcha Service to serve tasks to their own end-users. We charge companies and individuals (each a "Customer") for use of our platform so that they may use our software, author tasks, hire us to author tasks, and/or gain access to the Contributors. We also charge Integrators for use of our hCaptcha Service in order to reduce fraud, abuse, and spam on their websites, mobile apps, and other online properties. The foregoing is referred to collectively as the "Services."

2. Eligibility

By using or registering for our Services, you agree: you are at least 18 years of age; you have the authority to enter this agreement on behalf of yourself or the entity you represent, and will at all times remain in compliance with these Terms of Service and all IMI policies and guidelines referenced herein; and you will not abuse our website, misrepresent your identity to us, or use artificial intelligence to complete any portion of any task on IMI which requires human intelligence.

3. Customers and Requesters

If you are a Customer or Requester, you agree that the additional terms attached hereto as the Customer Appendix will apply and be incorporated by reference into these Terms of Service. If you are not a Customer or Requester, or cease to be a Customer or Requester, then the additional terms in the Customer Appendix will not apply nor will they be incorporated by reference into these Terms of Service.

4. Username and Password

Upon registration, you will be asked to disclose certain personal information about you ("Personal Information"), including your name, email address, and to create a username and password, all of which will be subject to our Privacy Policy, available on our website. You alone are responsible for monitoring, ensuring and maintaining the security of your account, passwords, and any authentication keys associated with your account, and you are responsible for any use of or action taken through use of that information on the Services.

You agree that you will not share your account or password with anyone.

You must notify IMI immediately if you suspect that your account information has been stolen or used by someone else, or any other breach of security.

You agree to provide us with true, accurate and complete information as requested in our registration process. You also agree to update such information promptly as necessary to keep it current and accurate.

5. Your Privacy, Your Data, and "Data For All"

You accept our Privacy Policy, which governs what we will do with any Personal Information you give to us.

In addition to Personal Information, you may also be required to provide (or it may be necessary for us to collect) other data so that we may provide the Services (collectively, "Customer Data"). We are not liable for any failure to perform Services that is caused by your delay or failure to provide Customer Data.

You hereby grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, irrevocable license during the term of this Agreement to use, reproduce, electronically distribute, and publicly display any Customer Data solely for the purpose of providing the Services. You represent and warrant that you own sufficient right, title, and interest in and to your data in order to grant the license in this section.

We aggregate Customer Data with other data so that results are non-personally identifiable and we also collect de-identified technical logs and data regarding use of the Services ("Aggregate/De-identified Data"). Notwithstanding anything to the contrary herein, any such Aggregate/De-identified Data may be used by IMI for any business purpose during or after the term of this Agreement, including without limitation to develop and improve the Services and to create and distribute reports and other materials. Customer Data may also persist and be displayed in the system for a limited period of time not to exceed 180 days after a job is complete, for example as automatic calibration or validation data for Intuition Machines systems. For clarity, this Section 5 does not give us the right to identify you as the source of any Aggregate/De-identified Data without your prior written permission.

‍For the avoidance of doubt, the following paragraph applies exclusively to Customers using our annotation services, and not to use of our Services as an Integrator. If you are a Customer of our annotation services and have selected the "Data For All" option as part of your use of the Services, then you grant to IMI and all users of the Services a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, irrevocable license to fully exploit all Customer Data, including all related intellectual property rights. If you do select the "Data for All" option, you represent and warrant that you own sufficient right, title, and interest in and to your data in order to grant the license in this section.

If your data contain potentially explicit or offensive content, we require you to mark them "EXPLICIT CONTENT" to serve as fair warning to anyone who sees your data. You may not without a separate written agreement with IMI include tasks that violate our policies, including, but not limited to, (a) tasks that directly or indirectly promote another website or service, (b) tasks that violate a third party website's terms and conditions, (c) tasks asking Contributors to solicit third parties, (d) tasks that ask Contributors to take action to manipulate a website's behavior or results, (e) tasks that violate the intellectual property rights of third parties, and (f) tasks that require Contributors to download software or files.

6. Acceptable Behavior

You are encouraged to interact with other users anywhere on our website, Forum, messaging, chat, and other social media channels controlled by IMI, but if you do so you must comply with all terms of service and use on our site and all relevant laws.

Please note that your access to our service requires compliance with all applicable laws. We may choose to block or remove your account and any associated resources if your service:

  • Contains, displays, distributes, or encourages the creation of child sexual abuse material, or otherwise exploits or promotes the exploitation of minors;
  • Infringes on intellectual property rights;
  • Has been determined by appropriate legal process to be defamatory or libelous;
  • Engages in the unlawful distribution of controlled substances;
  • Facilitates human trafficking or prostitution in violation of the law;
  • Contains, installs, or disseminates any active malware, or uses our platform for exploit delivery (such as part of a command and control system);
  • Is otherwise illegal, harmful, or violates the rights of others, including content that discloses sensitive personal information, incites or exploits violence against people or animals, or seeks to defraud the public.

7. Misuse, Abuse, and Misrepresentation

Any access or use of the Services other than pursuant to these Terms of Services and any instructions we provide is strictly prohibited. In particular, you WILL NOT:

register for more than one account with us without written authorization;

perform any task with the use of Internet bots, web robots, bots, scripts, or any other form of artificial intelligence or otherwise attempt to obtain rewards from IMI or any Requester or Integrator without completing tasks as they are described;

provide any false information while using this website (including without limitation impersonating any other person or organization in your account, or falsely stating or otherwise misrepresenting yourself or your affiliation with any other person or organization in your account;

access or attempt to access our website through any proxy web server or other device designed to obfuscate your true location or identity or by any means other than the interface provided;

use the website for any illegal activity, or for any purpose other than the purpose for which it was made available;
engage in activity that interferes with or disrupts the functioning of the site;

insert, upload, or attach malicious or unknown external links or files, or upload any content that contains a virus, Trojan horse, worm, time bomb, or other harmful computer code;

Upload any content subject to copyright that is not your original work, unless you have permission from the rightful owner to post such content and to grant IMI all of the licensed rights granted herein;

engage in spamming or post any kind of publicity, attempt to get referrals, mass communication, money offers or requests, solicitation of services, advertising, marketing, nonsense messages, duplicated topics, illegal content, social website links, e-mail addresses, or instant messenger IDs unless required by the task;

insert external links that offer goods or services unless required by the task;

otherwise engage in any malicious or fraudulent activity.

8. Verifying your Identity

IMI may verify your identity. This may include comparing your personal information against third party databases or official legal documents. You authorize us to make any inquiries necessary to confirm your identity, your ownership of your email address, and your ownership of your financial accounts. You agree to provide information about you to assist us in verifying your identity.

9. Compliance with the Law

You alone are responsible for complying with federal, state, provincial, and local laws in connection with your use of the Services. You agree to indemnify and hold us harmless for any claims against us because you failed to comply with any law or violated any third party rights, including without limitation contractual, intellectual property, or privacy rights.
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10. Contributor or Integrator Taxes

If you are a Contributor or Integrator, you alone are responsible for payment of any estimated or other federal, state, or local income taxes, social security, FICA, and workers' compensation owed as a result of use of our website, as well as similar taxes or charges in non-U.S. jurisdictions. You agree to indemnify and hold us harmless for any assessments against us because you failed to comply with any tax laws.

11. Violation of These Terms of Service

We may suspend, limit, or cancel your access to the Services at any time for any reason, including because: (a) we believe you have violated these Terms of Service (including other related policies); (b) we believe you have violated our rights or the rights of any third party; (c) we are unable to verify or authenticate information you have provided to us; or (d) we believe your actions may create liabilities for you, us, or a third party. For the avoidance of doubt, we reserve the right to prevent or suspend payment to you if we reasonably believe that any of the foregoing applies to such payment.

If we suspend or terminate your account, you will no longer have access to any parts of the website, including data, messages, files, and other material you keep on the site. You may NOT continue to use our website under a different or new account name. Violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

12. Contributor's Role and Relationship with IMI and Other Requesters

If you are a Contributor, you and only you decide which and how many tasks to complete, and when and where you complete them. You are free to spend as much or as little time completing tasks as you choose. At no time are you under any obligation to complete a task.

If you are a Contributor who accesses the Services and/or performs tasks through or in connection with an Integrator on behalf of a Requester that is not IMI, then you agree and acknowledge that Intuition Machines is not liable for and has no obligation to you with respect to any rewards or other compensation for completed tasks. You agree and acknowledge that any rewards or other compensation for completed tasks is determined solely in accordance with your agreement with the Requester and/or the Integrator, as applicable. Any disputes over such rewards or other compensation (including without limitation failure to receive such rewards or other compensation) are solely between you and the Requester and/or the Integrator, as applicable.

Neither your use of our website nor anything in this agreement creates an employment, partnership, joint venture, agency, franchise, or sales representative relationship between you and Intuition Machines. We do not provide you with any equipment or tools to complete a task. We do not provide you any benefits, workers' compensation, or insurance coverage. We are not responsible for any expenses you incur in using our website. We will not withhold any amount from your reward for federal or state income tax, Social Security, or any other tax. You are free at all times to perform tasks for any person or business, including any of our competitors. You do not have the authority to enter into any contract, written or oral, on behalf of Intuition Machines.

Notwithstanding the foregoing, if you are a U.S. taxpayer we may request from you a W-9, to be updated annually, and we may bar you from performing tasks until you have completed or updated a W-9.

If you are a Contributor who accesses the Services and/or performs tasks through or in connection with an Integrator on behalf of Intuition Machines (acting as a Requester), Intuition Machines may reward you for acceptable completion of certain tasks. In the event you are found to have engaged in fraud, abuse, or violation of these Terms of Service, any and all rewards to you may be withheld and/or recovered by Intuition Machines.

13. Unacceptable Completion of Tasks

If, for any reason, the Requester does not accept performance of a task you completed, you as a Contributor or Integrator will not be entitled to any reward for the task. In the event that rewards were already dispersed to you for an unacceptably completed task, we may recover them from you.

14. Contributor Qualifications and Skills

By performing tasks, you may accrue qualifications and skills, which we will grant in our discretion. We reserve the right to create, edit, or revoke your qualifications and skills at any time, for any reason or no reason at all. Because we do not discriminate on the basis of national origin, race, color, gender, sexual orientation, or any other class protected by law, you will have the same opportunity as any other Contributor to achieve access to tasks as your qualifications and skills accumulate. As a Contributor, if you believe that problematic test questions have affected your qualifications, skills, or rewards, you may provide well-supported contentions describing of problematic test questions via the task interface or via a ticket in our support system, for example via email at [email protected].

15. Our Use of Information

By performing tasks on our website, you authorize the collection, use, and disclosure of your personal information in accordance with our Privacy Policy. In addition, we may share certain information about you and your completed tasks to the Requester whose tasks you have completed to facilitate the service relationship and improve the website, including, for example, Contributor ID, results of completed tasks, and other attributes related to your qualifications, languages, skills, and use of the website.

16. Intellectual Property and Proprietary Rights

IMI owns all rights, including intellectual property rights, in the source code, object code or underlying structure, ideas or algorithms, API, and any additional software, documentation or data related to the Services ("Software"). You will not, directly or indirectly, via a third party or otherwise: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the Software; (b) modify, translate, or create derivative works based on any Software; (c) copy, rent, lease, distribute, pledge, assign, or otherwise transfer or encumber rights to any Software; (d) use any Software for timesharing, service bureau purposes, or otherwise for the benefit of a third party; or (e) remove any proprietary notices or labels.

If you are a Contributor, IMI, and not you, has proprietary rights in any work you produce as part of completing any task. By accepting the terms of this Agreement you agree to (and hereby do) transfer possession, ownership, and title (including all intellectual property rights existing throughout the world) in and to your work to us. To ensure that we are able to acquire, perfect, and use such rights, you further agree to (i) sign any documents to assist in the documentation, perfection and enforcement of our rights; and (ii) provide reasonable access to information for recording, perfecting, securing, defending, and enforcing such proprietary rights in any and all countries. Your obligations under this section will continue even after you deregister from or cease use of the Services. You appoint us as your attorney-in-fact to execute documents on your behalf for the purposes set forth in this section.

17. Copyright and TakeDown

IMI respects the intellectual property of others and we reserve the right to remove from our site any material that we believe may violate the intellectual rights of any third party. If you believe that your own work has been copied in a way that constitutes copyright infringement on this website, please contact Intuition Machines customer support.

18. Indemnification

You agree to indemnify, defend, and hold us harmless from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and costs), arising from or relating to your performance of tasks or your use of our website.

19. Disputes with Other Users; Release

IMI is not a party to any dispute between you and any another user of the Services. You release IMI and its affiliates from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or connected with any dispute between you and another user.

20. Confidential Information You Receive

Confidential information is any information that is marked as confidential or proprietary, or which should reasonably be understood by the receiving party to be confidential or proprietary. This does not include any information that is (1) publicly available, (2) already in the possession of, developed independently by, or already known to the receiving party, or (3) has been disclosed by court order or as otherwise required by law.

If you are provided with confidential information from anyone on the Services, you agree to protect the secrecy of the confidential information with the same degree of care you use to protect your own confidential information, but in no event with less than due care. You may not disclose or publish any such confidential or proprietary information, except as may be necessary for performance of a task. All information within a task on the Intuition Machines Platform should be considered as confidential even if the information is not expressly designated as confidential.

If and when you no longer need the confidential information you received, you must promptly return or destroy (as requested by whoever disclosed the information) all copies of the information that exist on the premises, systems, or other equipment you control.

Because disclosing confidential information may cause irreparable harm, the disclosing party is entitled to seek injunctive relief for any breach or threatened breach of this term.

21. Website Modifications

We may improve or modify our website without notice to you.

22. Third-Party Websites

Our website may contain links to third-party websites. We do not control, investigate, monitor, or check such websites. We are not responsible for nor do we endorse the computer programs, content, or opinions contained on such websites. If you decide to leave our website and access any third-party website, you do so at your own risk.

23. Disclaimer of Warranty

THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR EXPRESS, WITH REGARD TO ACCESSIBILITY, FITNESS, LAWFULNESS, AVAILABILITY, OR FUNCTIONALITY OF THE SERVICES, ANY RELATED SOFTWARE OR MATERIALS, THE TASKS, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMI DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST IMI WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION IS TO CEASE USE OF THE SERVICES We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the website or Intuition Machines Platform. Scheduled and unscheduled interruptions may occur, and we do not warrant uninterrupted availability of our website.

24. Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR INDIRECT COSTS OR DAMAGES, LITIGATION COSTS, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION OR PROFIT. THE LIABILITY OF IMI FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF: (A) U.S. $2,500; AND (B) ANY FEES RETAINED BY IMI WITH RESPECT TO SERVICES PURCHASED BY YOU. THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.

25. Dispute Resolution and Arbitration Agreement

By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against IMI on an individual basis in binding arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. Binding arbitration is a procedure in which a dispute is submitted to one or more arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and IMI are opting for a private dispute resolution procedure where you agree to accept the arbitrator's decision as final instead of going to court. You and IMI are each waiving your right to a jury trial.

This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass, and/or representative action against IMI, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against IMI by someone else - except as provided below in Section 2(a)(3)(c). Thus, the parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass, and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against IMI in a single proceeding - except as provided below in Section 2(a)(3)(c). For the avoidance of doubt, except as provided below in Section 2(a)(3)(c), this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass, and/or representative or other kind of group, multi-plaintiff or joint action against IMI, other than participating in a classwide, collective, coordinated, consolidated, mass, and/or representative settlement of claims.

(a) Agreement to Binding Arbitration Between You and IMI.

(1) Covered Disputes: Except as expressly provided below in Section 2(b), you and IMI agree that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) incidents resulting in any harm to you or anyone else that you allege occurred in connection with your use of the Services (including, but not limited to, your use of the Services on any website), regardless of whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to these Terms, and regardless of whether you allege that the harm was experienced by you or anyone else; and (iv) your relationship with IMI, will be settled by binding individual arbitration between you and IMI, and not in a court of law. This Arbitration Agreement survives after your relationship with IMI ends.

(2) Class Action Waiver: Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or IMI from participating in a classwide, collective, and/or representative settlement of claims.

The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against IMI in a single proceeding, except that this Class Action Waiver shall not prevent you or IMI from participating in a classwide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or IMI.

(3) Mass Actions:

a. Mass Action Waiver: Any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration - except as provided below in Section 2(a)(3)(c). The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a "Mass Action" includes, but is not limited to, instances in which you or IMI are represented by a law firm or collection of law firms that has filed five (5) or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or IMI's behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or IMI from participating in a mass settlement of claims.

b. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration provider's rules, the arbitrator shall be empowered to determine whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one arbitrator from the arbitration provider's roster to serve as a neutral arbitrator, and these arbitrators shall appoint a third neutral arbitrator. If the parties' arbitrators cannot agree on a third arbitrator, the arbitration provider will select the third arbitrator; (ii) IMI shall pay any administrative fees or costs incidental to the appointment of Arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or assessment of arbitration-related fees shall be stayed pending the arbitrators' resolution of the parties' dispute. If the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30 days of the arbitrator's or panel of arbitrator's decision. You may opt out of arbitration by providing written notice of your intention to opt out to the arbitration provider and to Intuition Machines, Inc., [email protected] via email. This written notice must be signed by you, and not any attorney, agent, or other representative of yours. IMI may opt out of arbitration by sending written notice of its intention to opt out to the arbitration provider and to you or your attorney, agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out of arbitration described in this Section 2(a)(3)(b) only applies if the arbitrator or panel of arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with arbitration, the parties agree that arbitrations will be batched as provided in Section 2(a)(3)(c) below.

c. Batching:

i. To increase efficiency of resolution in the event a Mass Action is filed and neither party exercises its right to opt out of arbitration pursuant to Section 2(a)(3)(b) above, the following procedure shall apply. At the request of either party, an arbitrator shall be selected according to the applicable arbitration provider's rules to act as a special master ("Special Master") to resolve threshold disputes regarding the propriety of some or all the arbitration demands submitted in the Mass Action ("Mass Arbitration Demands"). These threshold disputes may include, but are not limited to:

1. Any dispute regarding filing fees owed with respect to the Mass Arbitration Demands, including whether claimants have submitted valid fee waivers;

2. Any dispute regarding whether the applicable arbitration provider has complied with the Arbitration Agreement with respect to processing and administering the Mass Arbitration Demands;

3. Any dispute regarding whether the Mass Arbitration Demands meet the requirements set forth in Section 2(d) below;

4. Whether claimants are barred from proceeding with their claims based on a prior settlement agreement, violation of these Terms, or expiration of the statute of limitations;

5. Any dispute relating to representation of the same claimant by multiple law firms;

6. Any dispute regarding whether the Mass Arbitration Demands were filed with the correct arbitration provider;

7. Any dispute regarding discovery common to all claims; and

8. Any disputes regarding legal or factual issues common to all claims.

Any such request shall be made within 15 days following the expiration of the opt-out period described in Section 2(a)(3)(b), and may be made by providing written notice to the arbitration provider. Upon the request of either party to appoint a Special Master to resolve the foregoing issues, the applicable arbitration provider shall refrain from further processing any of the Mass Arbitration Demands to which a dispute has been raised. No further payment for filing fees, administrative costs, or arbitrator fees shall be deemed due with respect to any of the Mass Arbitration Demands as to which a dispute has been raised until after the dispute(s) has/have been resolved by the Special Master. IMI shall be responsible for the applicable arbitration provider's and Special Master's fees and costs related to the proceedings before the Special Master.

A Special Master appointed pursuant to this procedure shall have no authority to consolidate cases.

ii. After proceedings before the Special Master have concluded, to the extent any of the Mass Arbitration Demands are permitted to proceed, the parties shall group the Mass Arbitration Demands into batches of no more than 100 demands per batch by state of residence, and then alphabetically by last name (plus, to the extent there are less than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands), and shall inform the arbitration provider of the batches and their compositions within 14 days of the conclusion of proceedings before the Special Master. The arbitration provider shall treat each batch of claims as one case, with each case having one demand for arbitration, one appointed arbitrator, and one set of administrative documents and administrative and filing fees per batch. The parties shall randomly assign sequential numbers to each batch, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. A separate arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the batch proceeds to arbitration. You agree to cooperate in good faith with IMI and the arbitration provider to implement such a batch approach to resolution and fees. Nothing in this provision shall be construed as limiting the right to object that the filing or presentation of multiple arbitration demands by or with the assistance of the same law firm or organization violates any term of this Agreement.

iii. If any Mass Arbitration Demands were originally processed as individual arbitration demands before this batching procedure was commenced, further proceedings, including the assessment of further arbitration filing or administration fees to either party shall be governed by the procedures set forth in this Section 2(a)(3).

(4) Delegation Clause: Only an arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including without limitation any claim that all or any part of this Arbitration Agreement is void or voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability issues, including issues relating to whether these Terms are applicable, unconscionable, or illusory and any defense to arbitration, including without limitation waiver, delay, laches, or estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the exclusive authority to resolve any and all disputes arising out of or relating to the Class Action Waiver and Mass Action Waiver, including, but not limited to, any claim that all or part of the Class Action Waiver and/or Mass Action Waiver is unenforceable, unconscionable, illegal, void, or voidable - except that, as stated and pursuant to the procedures provided in Section 2(a)(3)(b), an arbitrator or panel of arbitrators shall have authority to determine whether the party bringing any claim has violated the Mass Action Waiver.

(5) Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall include any claims brought by or against any third parties, including but not limited to your spouse, domestic partner, heirs, estate, third-party beneficiaries and assigns, where their underlying claims arise out of or relate to your use of the Services. To the extent that any third-party beneficiary to this agreement brings claims against the Parties, those claims shall also be subject to this Arbitration Agreement.

(b) Exceptions to Arbitration.

Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the following claims: (i) individual claims brought in small claims court so long as the matter remains in such court and advances only on an individual basis; (ii) individual claims of sexual assault or sexual harassment occurring in connection with your use of the Services; and/or (iii) injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Such claims may be brought and litigated in a court of competent jurisdiction by you on an individual basis only. On an individual basis means that you cannot bring such claims as a class, collective, coordinated, consolidated, mass, and/or representative action against IMI. For the avoidance of doubt, this precludes you from bringing claims as or participating in any kind of any class, collective, coordinated, consolidated, mass, and/or representative or other kind of group, multi-plaintiff, or joint action against IMI and no action brought by you may be consolidated or joined in any fashion with any other proceeding. Where your claims are brought and litigated to completion on such an individual basis in a court of competent jurisdiction, IMI agrees to honor your election.

The parties' agreement not to require arbitration in these limited instances does not waive the enforceability of this Arbitration Agreement as to any other provision (including, but not limited to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in arbitration), or the enforceability of this Arbitration Agreement as to any other controversy, claim, or dispute.

(c) Rules and Governing Law.

For disputes arising in California, the arbitration will be administered by ADR Services, Inc. ("ADR") in accordance with ADR's Arbitration Rules (the "ADR Rules") in effect at the time that the claim is brought, unless the parties agree otherwise in writing. The ADR Rules are available at www.adrservices.com or by searching for "ADR Arbitration Rules" using a search engine such as www.google.com. The arbitration shall be heard by one arbitrator (the "Arbitrator") selected in accordance with the ADR Rules.

For disputes arising outside of California (or for disputes arising in California only if ADR cannot or will not administer the arbitration), the parties shall be required to meet and confer to select a neutral arbitration provider. Such an arbitration provider shall have operations in the state in which the dispute arises. If the parties are unable to mutually agree upon an arbitration provider, then either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitration provider with operations in the state in which the dispute arises. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration solely on an individualized basis as set forth in this Section 2. Once the parties mutually agree upon a neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider, except as designated herein. Once an arbitration provider is agreed upon or appointed, an Arbitrator shall be appointed. The Arbitrator will be either (1) a retired judge or (2) an attorney licensed to practice law in the state where the arbitration is conducted with experience in the law underlying the dispute. The Arbitrator will be selected by the parties from the applicable arbitration provider's roster of arbitrators. If the parties are unable to agree upon an Arbitrator after a good faith meet and confer effort, then the applicable arbitration provider will appoint the Arbitrator in accordance with its rules.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to be bound by the provisions of the FAA for all purposes, including, but not limited to, interpretation, implementation, enforcement, and administration of this Arbitration Agreement, and that the FAA and the applicable arbitration provider's rules shall preempt all state laws to the fullest extent permitted by law. All statutes of limitations that would otherwise be applicable will apply to any arbitration proceeding. If the FAA and applicable arbitration provider's rules are found to not apply to any issue regarding the interpretation or enforcement of this Arbitration Agreement, then that issue shall be resolved under the laws of the state where you reside when you accept these Terms.

Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in harm that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

(d) Process.

Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. The parties therefore agree that, before either party demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. Multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify IMI that you intend to initiate an informal dispute resolution conference, write to Intuition Machines, Inc., [email protected] via email, providing your name, the telephone number(s) associated with your IMI account (if any), the email address(es) associated with your IMI account, and a description of your claim. Engaging in an informal dispute resolution conference is a condition precedent that must be fulfilled before commencing arbitration, and the Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal dispute resolution process required by this Section, a party must provide the other party with a written demand for arbitration and file the demand with the applicable arbitration provider, as determined by Section 2(c). A party initiating an arbitration against IMI must send the written demand for arbitration to Intuition Machines, Inc., [email protected] via email, or serve the Demand on IMI's registered agent for service of process, c/o Intuition Machines, Inc. Additionally, a party initiating arbitration against IMI must send an electronic version of the demand for arbitration to the Arbitration Provider, and must send an electronic version of the as-filed demand to [email protected].

By signing the demand for arbitration, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party's violation of this requirement.

(e) Location.

Unless you and IMI otherwise agree, if you reside in the United States, the arbitration will be conducted in the county where you reside. If you do not reside in the United States, the arbitration will be conducted in the county where the dispute arises. Your right to a hearing will be determined by the applicable arbitration provider's rules. Subject to the applicable arbitration provider's rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

(f) Offers of Judgment.

At least 10 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence upon the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party's costs from the time of the offer.

(g) Arbitrator's Decision.

The Arbitrator will render an award within the time frame specified in the applicable arbitration provider's rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator's decision shall be final and binding on all parties.

The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator's decision shall be binding only upon the parties to the arbitration that are the subject of the decision.

The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in accordance with the law(s) of the state in which arbitration is held.

(h) Fees.

With the exception of the provisions governing payment of arbitration costs set forth above, your responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in the applicable arbitration provider's rules and shall be up to the amount you would be required to pay if you filed a claim in court.

If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If you believe that you meet the requirements to obtain a fee waiver, and your demand for arbitration arises outside of California, then you may request a fee waiver only by submitting to the arbitration provider AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs, or a declaration under oath containing all the information required by AO 240; if your demand for arbitration arises in California, then you must submit a declaration under oath providing your monthly income and the number of persons in your household.

Any and all disputes regarding a party's obligation to pay any arbitration fees or costs that arise after an arbitrator is appointed shall be determined solely by the arbitrator. If such a dispute arises before an arbitrator has been appointed, and if no Special Master has been requested by either party pursuant to Section 2(a)(3)(c)(i) of these Terms, the parties agree that (i) the due date for any disputed fees shall be stayed pending resolution of the parties' dispute, (ii) a panel of three arbitrators shall be appointed to resolve the parties' dispute concerning a party's obligation to pay fees or costs of arbitration, (iii) the panel of arbitrators shall be appointed by each party selecting one arbitrator from the arbitration provider's roster to serve as neutral arbitrators, and these arbitrators shall appoint a third neutral arbitrator. If the parties' arbitrators cannot agree on a third arbitrator, the arbitration administrator will select the third arbitrator, (iv) IMI shall pay any administrative fees or costs incidental to the appointment of a panel of arbitrators under this provision, as well as any fees or costs that would not be incurred in a court proceeding, such as payment of the fees of the arbitrator(s), as well as room rental, and (v) the arbitrator(s) shall issue a written decision with findings of fact and conclusions of law. If two or more fee disputes between a claimant and IMI arise at or around the same time, the disputes may be consolidated for resolution by a single arbitrator or panel of arbitrators either at the agreement of the parties or the election of the party common to all such disputes.

(i) Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

26. Applicable Law

The laws of the State of California govern these Terms of Service and any controversy, dispute, or claim arising from them.

27. Termination

You may choose at any time to cease using our website, provided that you must abide by all applicable IMI policies. We may, in our sole discretion, terminate this agreement, suspend access to our website, or remove any services immediately without notice for any reason.

28. General Terms

Entire Agreement. These Terms of Service and any policies, procedures, or terms referenced in this agreement constitute the entire agreement of the parties with respect to the subject matter, and supersede and cancel all prior and contemporaneous related agreements, claims, representations, and understandings of the parties.

No Waiver. We will not be considered to have waived any portion of our rights or remedies unless the waiver is in writing and signed by us. If we delay enforcing or fail to enforce our rights under any provision of this agreement, that will not constitute a waiver of our right to subsequently enforce such provision or any part of this agreement.

Assignability. You may not assign these Terms of Service without our prior written consent. We may assign these Terms of Service at any time, without notice. Subject to the foregoing, these Terms of Service will be binding on each party's successors and permitted assigns.

Severability. If any provision of these Terms of Service is found invalid or unenforceable for any reason, it will not affect the validity and enforceability of any remaining provisions.

Notice.  All notices related to these Terms of Service will be sent by e-mail or posted on our website. You must send notices to us at [email protected]. E-mail notices are deemed written notices for all purposes for which written notices may be required. E-mail notices are deemed received the business day after transmission of properly addressed to the intended recipient.

Amendments.  No modification or amendment to these Terms of Service by anyone other than IMI shall be binding upon IMI unless in a written instrument signed by a duly authorized representative of IMI.

Prevailing Language.  The English language version of these Terms of Service will control in all respects and will prevail in case of any inconsistencies with translated versions, if any.

Voluntary Agreement. All parties to these Terms of Service represent and agree that each has reviewed all aspects of this agreement, has carefully read and fully understands all its provisions, and is voluntarily entering into this agreement.

If you do not agree with all of the terms and conditions of these Terms of Service, do not (and you may not) use or access the Site or the Services.‍

If you do not agree to these Terms of Service, you may not use or access the Site or the Service.

Customer Appendix to the Master Terms of Service

As a Customer, Requester, or Integrator, you agree to be bound by the below terms in addition to any other binding terms between you and IMI.

1. Platform Order Forms

You may have completed one or more platform access order forms (each, an "Order Form") as a condition of becoming a Customer or Requester.  If so, then the terms and conditions described in the Order Form become part of the Terms of Service and are hereby incorporated by reference.

2. Fees

You will pay IMI the fees as described in the applicable Order Form via the payment method you provided in the applicable Order Form. Unless otherwise expressly agreed to by both parties in writing, you will provide full payment for all invoices issued within thirty (30) days after the mailing date of the invoice. You authorize us to run credit card authorizations on all credit card information you provide to us, to store that credit card information, and to charge your credit card or any other account we mutually agree to as a form of payment. Unless stated otherwise on the Order Form or within your Enterprise Service Agreement or Master Service Agreement, all fees for Services, aside from overages, are billed annually upon the start of services provided by IMI under your Agreement (the "Effective Date").

Any late payments will accrue late charges at the rate of 1.5% percent per month or the maximum amount allowed by law, whichever is lower. If you fail to pay the amount due under this Agreement for any reason, your account may be suspended, at our sole discretion, in which case no additional payments will be made from your account for completion of tasks and all of your tasks will be removed from our website. You must reimburse us for all amounts due upon demand, plus any processing fees, late fees, or attorney fees. We may also make appropriate reports to credit reporting agencies and law enforcement authorities.

If you wish to dispute any fees, you must contact our customer support department no later than thirty (30) days after the closing date on the first billing or account statement in which the error or problem appeared in order to receive an adjustment or credit.

3. Taxes

You are responsible for payment of all taxes associated with the Services other than U.S. taxes assessed on Intuition Machines' net income or personal property.

4. API

You may be required to integrate your website, application, or platform with our Services via our application programming interface ("API"). In the event that you do so, we grant you a limited, nonexclusive, nontransferable, nonassignable, revocable license to use the API solely to access the Services. We may modify the API and/or cease support of old versions or releases of the API at any time. We reserve the right to suspend or limit your access to the API in our sole discretion, and we will use reasonable efforts to provide you notice prior to suspension.

5. Protection of Confidential Information

You agree to use commercially reasonable efforts to protect any Confidential Information received from us or via our Services. includes bot scores and non-public details of our enterprise service, including non-public documentation and any details we may share regarding our bot detection methods. If you are granted access to any such Confidential Information, we may modify, suspend, or limit your access to our Services in our sole discretion if we determine that Confidential Information is being exposed by your use of our Services, and we will use reasonable efforts to provide you notice prior to suspension.

6. Termination

You may terminate this Customer Appendix independent of the Terms of Service by ceasing to be a Customer or Requester. We reserve the right to suspend or terminate your status as a Customer or Requester at any time, or to otherwise terminate your account or use of the Services consistent with the Terms of Service. You remain liable upon termination for any amount due under your Order Form. If your subscription includes any monthly or annual fees or monthly or annual minimums, you will still be responsible for paying for all Services fees through the end of that month or year, respectively.

Except where we terminate this Customer Appendix or the Terms of Service as a result of your breach of this Customer Appendix or the Terms of Service, if we terminate and you have prepaid any fees to us, we will refund a pro-rata portion of those prepaid amounts, based on the remaining time or Services you have paid for, whichever is less. We will wind up our work in a commercially reasonable manner and preserve and deliver to you all paid-for Output Data Sets and all Customer Data in our possession. Upon any termination, we may but are not obliged to delete any data.

7. Overages

The maximum permitted peak RPS rate for hCaptcha Integrators or Customers is one thousand (1,000) requests per second to entities within your account ("RPS"), unless otherwise specified by a written contractual agreement between you and us.

The maximum number of requests per month permitted under the hCaptcha Publisher (free) tier is one hundred thousand (100,000) for Integrators, aside from use of the hCaptcha Services in a web application firewall. In the event that you exceed this quota without prior written authorization from us, we may elect to terminate your service if you continue to exceed the Publisher request quota. Please note that this quota applies across all accounts used by an organization or individual: in the event that you have signed up for ten free accounts, the total permitted requests per month is shared across them.

In the event that you are an Integrator or Customer of the hCaptcha Enterprise service and your API usage as measured by RPS exceeds the provisioned rate for your service tier, we may elect to modify your service or to charge an overage rate. In the event that your peak RPS rate exceeds the provisioned rate by a factor of 10 for 10 or more minutes in total within a 30 day period and the majority of these requests are, in our sole judgment, not malicious traffic, we may elect to charge you at your contractually specified overage rate for all API requests made in that month.

8. Resale

Unless expressly permitted in Customer’s Master Service Agreement or Reseller Agreement, ordered SaaS Services shall not be sold, resold, leased, sub-leased, licensed, sub-licensed, or otherwise made available to any other third party (other than an Affiliate of Customer), and all orders under the Agreement and all Customer use of the Service shall be for Customer’s or its Affiliate’s own internal business use.

9. Billing Units

If you are a Customer of the hCaptcha Service, you will be billed for evaluations ("Billing Units") by a formula based upon the number of requests made to site keys associated with your account or organization. The calculated value will be accessible to you under the "billing_units" key in the metrics API if you are an Enterprise Customer, or on your invoice if you are a Pro Customer.

In most cases the count of Billing Units in a period will be similar or identical to the number of requests shown in your Traffic Overview dashboard, but in some cases it may be lower or higher.

For example, in the event of a high RPS attack against your site keys attempting to create a denial of service, we may elect not to charge you for Serves that are determined by us to be related to that attack. Similarly, in some cases our system may perform a second evaluation on a request or a user, which will cause as an increment in the Billing Units. This may happen in a variety of scenarios, for example if the user aborts a session after we have performed an evaluation but before data has fully loaded and client-side rendering is complete.

9. Sanctions, Embargoes, and Other Restrictions on Use

You acknowledge and agree that the Service and any of its data accessed by you shall not be used, transferred or otherwise exported or re-exported to countries upon which the United States or European Union member states maintain an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Entity List, Denied Persons List, or Unverified List, or the U.S. Department of State’s Nonproliferation Sanctions list (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, including without limitation by uploading or accessing any data, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and E.U. export laws and assume sole responsibility for obtaining United States or European Union member government export licenses to export or re-export as may be required. You will defend, indemnify, and hold harmless IMI and its suppliers and licensors from and against any violation of such laws or regulations by you or any of your agents, officers, directors or employees.

No person, entity, or organization sanctioned by the United States (a "Sanctioned Actor") or located in, organized under the laws of, or maintaining the citizenship of any Embargoed Countries is eligible for rewards or to use the Services as an Integrator. For the avoidance of doubt, this includes any Sanctioned Actors designated by the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury.

For the avoidance of doubt, we also reserve the right to remove service eligibility, including retroactively, or terminate accounts for residents and citizens of countries designated as high risk by us at our sole discretion. This list currently includes citizens of the Russian Federation (Russia) and Belarus.

10. Integrator Incentives

Please note: the Integrator Incentives program ended effective June 15, 2023. After that date, no account was eligible for incentives. The terms in this section 10 ("Integrator Incentives") below apply to traffic received prior to that date.

Incentive points may be increased, decreased, or eliminated at any time, including retroactively, at our sole discretion. Incentive points not withdrawn as of June 15, 2023 have expired, and may not be withdrawn after that date.

Miscellaneous

You may not assign, transfer, or delegate these Terms of Service or your rights or obligations hereunder in any way (by operation of law or otherwise).

Translations of these Terms of Service are provided on a best-effort basis. In the event of any substantive difference between the English language Terms of Service and a translation thereof, the English language Terms of Service shall be construed as authoritative.

Please contact us at [email protected] if you have any questions regarding these Terms of Service.

Business Continuity Planning Statement

Intuition Machines, Inc has developed a Business Continuity Plan on how we will respond to events that significantly disrupt our hCaptcha business. Since the timing and impact of disasters and disruptions is unpredictable, we will have to be flexible in responding to actual events as they occur. With that in mind, we are providing you with this information on our business continuity plan.

‍Contacting Us – If after a significant business disruption you cannot contact us as you usually do at [email protected], you should go to our website at hcaptcha.com or hcaptchastatus.com.

‍Our Business Continuity Plan – We plan to quickly recover and resume business operations after a significant business disruption and respond by safeguarding our employees and property, making a financial and operational assessment, protecting the firm’s books and records, and allowing our customers and their end users to transact online. In short, our business continuity plan is designed to permit our firm to resume operations as quickly as possible, given the scope and severity of the significant business disruption.  Our business continuity plan addresses: data backup and recovery; all mission critical systems; financial and operational assessments; alternative communications with customers, employees, and oversight bodies; alternate physical location of employees; critical supplier and customer impact; regulatory reporting; and giving our customers prompt notice if we are unable to continue our business. Our core supplier pool backs up our important records in a geographically separate area. While every emergency situation poses unique problems based on external factors, such as time of day and the severity of the disruption, we have been advised by this supplier pool that their objective is to restore their own operations and be able to resume services rapidly. Although we have worked to reduce risk by using a diverse set of suppliers, your services could be modified or interrupted during this period.‍

Varying Disruptions – Significant business disruptions can vary in their scope, such as only our firm, a single building housing our firm, the neighborhood where our firm is located, the city where we are located, or the whole region. Within each of these areas, the severity of the disruption can also vary from minimal to severe. In a disruption to our firm, our business district, city, or region or a building housing our firm, we will transfer our operations to a local site when needed and expect no material disruption to business operations. In either situation, we plan to continue in business, transfer operations to alternative suppliers if necessary, and notify you through our website at hcaptcha.com and our status page at hcaptchastatus.com as to how to contact us. If the significant business disruption is so severe that it prevents us from remaining in business, we will notify you expeditiously.

‍For more information – If you have questions about our business continuity planning, you can contact us at [email protected].