These Terms of Service ("Terms") govern your use of the Oops Games, LLC bot mitigation and CAPTCHA service (the "Service"). By creating an account or integrating our Service into your website or application, you agree to these Terms. If you do not agree, do not use the Service.
You must be at least 18 years of age to use the Service. The Service is intended exclusively for business-to-business (B2B) use. You are responsible for maintaining the security of your API keys and account credentials. Any activity occurring under your account, including API usage overages, is your sole responsibility.
The Service utilizes gamified challenge verification, cryptographic handshakes, and game state validation to differentiate human users from automated bots. However, no security system is infallible.
To the maximum extent permitted by applicable law, Oops Games, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, lost profits, lost revenue, lost data, or business interruption arising out of your use of or inability to use the Service (including instances of "False Positives" blocking legitimate sales, or "False Negatives" allowing bot abuse).
In no event shall our total aggregate liability exceed the amount you paid us for the Service during the twelve (12) months immediately preceding the claim.
You agree not to use the Service:
We reserve the right to suspend or terminate your account immediately if we determine, at our sole discretion, that you have violated this Acceptable Use Policy.
Usage beyond the free tier (1,000 solves per month) will be billed according to our pricing schedule. Billing is strictly measured per successful cryptographic solve, not per widget load or impression. Failed bot interactions (e.g., during a DDoS attack) do not consume your quota or incur charges. All payments are non-refundable. All billing disputes must be submitted within 30 days of the invoice date or are waived. It is your responsibility to secure your API keys to prevent unauthorized usage from other domains.
No Permanent Free Commitment: Any portion of the Service currently provided at no charge (including the free tier of 1,000 successful solves per month and any other features, capacity, or functionality offered without a fee) is provided on a promotional basis and may be modified, reduced, or discontinued at any time. The fact that the Service or any feature is currently available free of charge does not create an obligation to continue providing it free of charge, nor does it create any expectation, license, or right to continued free use.
Right to Introduce or Change Fees: Oops Games, LLC reserves the right, in its sole and absolute discretion, to (a) introduce fees for any feature, tier, or capacity currently offered free of charge, (b) change the scope of the free tier, (c) establish new pricing tiers, and (d) modify its pricing schedule at any time. Any such fees will be announced through the developer portal, by email to the address associated with your account, or by posting a notice on our website, with at least seven (7) days' advance notice (or immediately, without prior notice, where necessary for urgent security, legal, or business reasons). If you do not wish to pay the applicable fee, you may stop using the affected feature or terminate your account in accordance with Section 9. Continued use of the Service after the effective date of any new or modified fee constitutes your acceptance of and agreement to pay that fee.
No Implied License or Ownership: Nothing in these Terms, and no provision of the Service at no charge, grants you any ownership interest in, or license to, the Service, the SDK, the games, or any related intellectual property beyond the limited, revocable right to use the Service as expressly described in these Terms. All rights not expressly granted are reserved.
Right to Suspend or Terminate: Oops Games, LLC may suspend or terminate your access to the Service, in whole or in part, at any time, with or without cause and with or without notice, including for violations of the Acceptable Use Policy (Section 4), failure to pay fees when due, or as necessary for security, legal, or business reasons. This right is in addition to, and does not limit, the rights described in Section 4. Upon termination, your right to use the Service ceases immediately, and any amounts then owed to Oops Games, LLC (including usage accrued before termination) will become due and payable.
Customer Obligations on Fee Changes: You are responsible for monitoring the developer portal and your account email for notices regarding pricing changes. You agree that Oops Games, LLC is not required to obtain your affirmative consent before applying new or modified fees to your account, provided that you have received the notice described above.
Customer Indemnification: Customer agrees to indemnify and hold harmless Oops Games, LLC from any claims, damages, or legal fees arising out of Customer's violation of the Acceptable Use Policy, failure to obtain legally required End-User data consents (including under BIPA, CCPA, or GDPR), or a data breach originating from Customer's infrastructure.
Oops Games, LLC Indemnification: We agree to indemnify Customer against third-party claims alleging that the underlying SDK technology infringes upon a valid intellectual property right, capped at the liability limits outlined in Section 3.
To the extent that Oops Games, LLC processes any personal data (such as IP addresses) on your behalf in the provision of the Service, the parties agree that Oops Games, LLC acts solely as a Data Processor and you act as the Data Controller under applicable data protection laws (including GDPR). You remain solely responsible for establishing a lawful basis (such as Legitimate Interest or Consent) for the collection of this data from your End-Users.
We reserve the right to modify these Terms at any time. We will notify you of material changes via the email address associated with your account (privacy@taphuman.io). Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms.
These Terms, and any dispute or claim arising out of or related to them, shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict-of-law principles. Any litigation or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Johnson County, Kansas, and you hereby consent to the personal jurisdiction and venue of such courts.
This End User License Agreement (this "EULA") is a binding agreement between you ("Customer") and Oops Games, LLC ("Provider") governing Customer's use of the Provider's bot mitigation, CAPTCHA, and game-verification software, SDKs, widgets, and related services, including the TapHuman product and all related services (collectively, the "Software"). By creating an account, integrating the Software, or using the Service, Customer agrees to be bound by this EULA and the Terms of Service. If Customer does not agree, Customer must immediately cease use.
Subject to Customer's compliance with this EULA and payment of all fees then due, Provider grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Software solely to protect Customer's own websites and applications. This license is granted on a per-account basis and terminates automatically upon suspension, termination, or failure to pay. All rights not expressly granted are reserved.
No Permanent Free Commitment: Any portion of the Software or Service currently provided at no charge (including the free tier of 1,000 successful solves per month and any other features, capacity, or functionality offered without a fee) is provided on a promotional basis and may be modified, reduced, or discontinued at any time. The fact that the Software or any feature is currently available free of charge does not create an obligation to continue providing it free of charge, nor does it create any expectation, license, or right to continued free use.
Right to Introduce or Change Fees: Provider reserves the right, in its sole and absolute discretion, to (a) introduce fees for any feature, tier, or capacity currently offered free of charge, (b) change the scope of the free tier, (c) establish new pricing tiers, and (d) modify its pricing schedule at any time. Any such fees will be announced through the developer portal, by email to the address associated with Customer's account, or by posting a notice on our website, with at least seven (7) days' advance notice (or immediately, without prior notice, where necessary for urgent security, legal, or business reasons). If Customer does not wish to pay the applicable fee, Customer may stop using the affected feature or terminate its account in accordance with Section 8. Continued use of the Software or Service after the effective date of any new or modified fee constitutes Customer's acceptance of, and agreement to pay, that fee.
Customer Obligations on Fee Changes: Customer is responsible for monitoring the developer portal and its account email for notices regarding pricing changes. Customer agrees that Provider is not required to obtain Customer's affirmative consent before applying new or modified fees to Customer's account, provided that Customer has received the notice described above.
Nothing in this EULA, and no provision of the Software at no charge, grants Customer any ownership interest in, or license to, the Software, the SDK, the games, or any related intellectual property beyond the limited, revocable right to use the Software as expressly described herein. All rights not expressly granted are reserved. Customer acknowledges that the Software is provided on a revocable basis and that Provider may modify, restrict, or discontinue any feature at any time without liability to Customer.
Customer shall not, and shall not permit any third party to: (a) copy, modify, adapt, or create derivative works of the Software; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software; (c) remove, alter, or obscure any proprietary notices on the Software; (d) use the Software to protect websites or applications that engage in illegal activities, distribute malware, or facilitate fraud; (e) use the Software in a manner that intentionally overloads or attempts to reverse-engineer Provider's infrastructure; (f) intercept, collect, or store personal data of end-users beyond what is strictly necessary for the bot-mitigation purposes provided by the Software; or (g) resell, sublicense, or provide the Software to any third party as a service.
The Software, including all games, puzzles, cryptographic protocols, code, and related materials, is and shall remain the exclusive property of Provider and its licensors. Provider retains all right, title, and interest in and to the Software, including all intellectual property rights therein. Customer's use of the Software does not transfer any ownership rights to Customer.
"AS IS" BASIS: The Software is provided "AS IS" and "AS AVAILABLE" without any warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Provider does not guarantee that the Software will block 100% of malicious traffic, nor that 100% of legitimate human users will be allowed access. No security system is infallible.
To the maximum extent permitted by applicable law, Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation lost profits, lost revenue, lost data, or business interruption arising out of Customer's use of or inability to use the Software (including instances of "False Positives" blocking legitimate sales, or "False Negatives" allowing bot abuse). In no event shall Provider's total aggregate liability exceed the amount Customer paid Provider for the Software during the twelve (12) months immediately preceding the claim. If Customer has not paid any fees, Provider's total aggregate liability shall not exceed one hundred U.S. dollars (US$100).
Provider may suspend or terminate Customer's access to the Software, in whole or in part, at any time, with or without cause and with or without notice, including for violations of Section 4, failure to pay fees when due, or as necessary for security, legal, or business reasons. Upon termination, Customer's right to use the Software ceases immediately, and any amounts then owed to Provider (including usage accrued before termination) will become due and payable. Sections 5, 6, 7, 9, and 11 shall survive termination.
Customer agrees to indemnify, defend, and hold harmless Provider from any claims, damages, losses, and legal fees arising out of Customer's violation of this EULA, Customer's failure to obtain legally required end-user data consents (including under BIPA, CCPA, or GDPR), or a data breach originating from Customer's infrastructure.
By creating an account or using the Software, Customer acknowledges that it has read, understood, and agrees to be bound by this EULA. Provider records the date and time of Customer's acceptance in its systems. Continued use of the Software after any modification to this EULA constitutes acceptance of the modified terms.
This EULA, and any dispute or claim arising out of or related to it, shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict-of-law principles. Any litigation or proceeding arising out of or relating to this EULA shall be brought exclusively in the state or federal courts located in Johnson County, Kansas, and Customer hereby consents to the personal jurisdiction and venue of such courts. Sections 5, 6, 7, 9, and 11 shall survive termination.
This Privacy Policy explains how Oops Games, LLC ("we", "us", or "our") collects, uses, and discloses information when you use our bot mitigation Service. This policy applies to our Developer Customers ("Customers") and the individuals who interact with the CAPTCHA widget on our Customers' websites ("End-Users").
For Customers: When you create an account to use our Service, we act as a "Data Controller" for your Account Data (e.g., email address, billing information).
For End-Users: When End-Users interact with our widget on your website, we act as a "Data Processor" (or Service Provider) on your behalf. You (the Customer) remain the Data Controller. Customer warrants that it has obtained all necessary consents and provided all required disclosures under applicable data protection laws (including BIPA, CCPA, and GDPR) for the processing of IP addresses by Oops Games, LLC. If Customer handles traffic from the European Union, our standard Data Processing Addendum (DPA) is incorporated by reference into these Terms.
We collect information you provide directly, such as your Name, Work Email, and Payment Information when you register for the developer portal.
To distinguish humans from bots, our widget automatically validates challenge interactions from the End-User's device. This includes:
We use this data strictly to provide the bot mitigation Service. We do not sell End-User data to third parties, nor do we use it for advertising. We do not profile or store raw pointer coordinates, background mouse-movement paths, or cross-site browsing behavior; in-game listeners record activation milestones, solve time, and challenge tokens needed for verification. Analytics on TapHuman surfaces (e.g., Cloudflare Web Analytics on the widget page; Firebase Analytics on the portal; and analytics on the marketing site) process standard page-usage and interaction data and do not receive game-state payloads.
We do not share End-User Game State Data with any third parties for advertising, marketing, or any purpose other than providing the bot mitigation Service. We may engage trusted third-party vendors (such as cloud infrastructure providers and analytics providers) solely to host, operate, and measure the Service, and such vendors are contractually bound to process data only on our behalf.
Data processing location is configurable via our hosting providers. The current cloud-function endpoint is hosted in the United States (us-central1); marketing and dashboard assets are served via a global CDN.
We retain End-User Game State Data only as long as reasonably necessary to fulfill the security and anti-fraud purposes, after which it is anonymized or deleted. Retention windows are handled automatically: verification and rate-limit records carry expiration timestamps (with TTL deletion configured), and anonymous trial accounts are purged on a scheduled basis. Customer Account Data is retained for as long as your account is active.
Depending on your jurisdiction, you may have rights to access, correct, or delete your personal data. If you are a Customer, you can exercise these rights within your dashboard or by contacting us.
If you have any questions regarding this Privacy Policy, or if you need to submit a Data Subject Request, please contact our Privacy Team at:
Email: privacy@taphuman.io
This Privacy Policy, and any dispute or claim arising out of or related to it, shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict-of-law principles. Any litigation or proceeding arising out of or relating to this Privacy Policy shall be brought exclusively in the state or federal courts located in Johnson County, Kansas, and you hereby consent to the personal jurisdiction and venue of such courts.