Terms of Service

1. Acceptance of Terms

By using HumanKey (“the Service”), you agree to these Terms of Service. If you do not agree, do not use the Service.

2. Business Use Only (B2B)

The Service is intended exclusively for businesses, professionals, and entities acting in a commercial or professional capacity. If you are a consumer (individual not acting in a business capacity), this Service is not intended for you and consumer protection laws may not apply.

3. Description of Service

HumanKey provides AI traffic intelligence tools including bot detection, traffic classification, and structured data optimization for websites. The Service includes a web dashboard, API, and WordPress plugin.

The Service includes: (a) AI crawler detection and traffic classification; (b) bot analytics dashboard with real-time reporting; (c) WordPress plugin for seamless integration; (d) JavaScript detection snippet for web page integration; (e) REST API for programmatic access (Pro and Business plans); (f) Bot Evidence Reports for forensic bot detection data export (Business and above); (g) Heatmaps for click and scroll behavior visualization (Business and above, Beta); (h) GEO Analytics for country-level geographic traffic analysis; (i) Smart Bot Configuration for automated robots.txt management; (j) robots.txt Audit for compliance verification. Beta features are subject to change or removal without notice.

Accuracy and Limitations

Probabilistic Detection: Bot detection uses a proprietary multi-layered methodology combining multiple categories of analysis. These methods are combined to produce a confidence score. Accuracy rates are typically high but are not guaranteed at 100% for any individual request. Classification results should be used as informational signals to support decisions, not as definitive legal determinations, without independent verification. HumanKey is not liable for business decisions made solely on the basis of bot detection results.

GEO Data Accuracy: Geographic location data is derived from the MaxMind GeoLite2 database and is approximately 95% accurate at the country level. City-level or regional precision is not provided. GEO data should not be relied upon for regulatory compliance decisions without independent verification.

API Usage and Fair Use

Rate Limits

API usage is subject to per-plan rate limits as documented in the HumanKey Documentation. Automated mass requests exceeding plan limits will result in throttling without notice.

Definition of a Check

1 check = 1 page visit: Each HTTP request verified against the HumanKey API counts as one “check” against your monthly quota. Batch requests, API retries, and SDK requests all count individually.

Prohibited API Uses

You may not use the HumanKey API to: (a) identify or track individual natural persons; (b) build surveillance systems or mass profiling tools; (c) process data in violation of applicable privacy law including the GDPR; (d) resell or redistribute API access without written consent from HumanKey.

Plan Changes and Data Effects

Downgrade Effects on Data: If you downgrade your subscription plan, traffic records older than your new plan's retention period will be automatically and permanently purged within 7 days of the downgrade. You are advised to export your data before downgrading. Exported data is not affected by plan changes. During the 7-day grace period following a downgrade, you retain access to your previous plan's features.

4. Account Responsibilities

• You must provide accurate registration information
• You are responsible for maintaining the security of your API keys
• You must not share your secret API keys (sk_...) publicly
• You are responsible for all activity under your account

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to circumvent rate limits or security measures
• Reverse-engineer the bot detection algorithms
• Resell the Service without written permission
• Use the Service to track individuals without proper legal basis

6. Free Trial

New accounts include a 14-day free trial. After the trial period, a paid subscription is required to continue using the Service.

7. API Usage Limits

Rate limits apply to all API endpoints. Exceeding these limits may result in temporary throttling. Persistent abuse may result in account suspension.

8. Email Notifications

By creating an account, you consent to receiving transactional emails (account verification, password reset, billing confirmations). Additionally, HumanKey may send operational emails including daily bot traffic reports, weekly AI-generated insights (Business+ plans), new crawler alerts, and quota warnings. You can enable or disable each notification type independently in Dashboard → Settings → Email Notifications. AI-generated content in emails is advisory only and does not constitute automated decision-making.

9. AI Assistant

HumanKey provides an AI-powered chatbot assistant ("AI Assistant") on our website and dashboard for product support purposes. The AI Assistant is powered by an AI language model and is clearly identified as artificial intelligence in compliance with EU AI Act Article 50. The AI Assistant does not make binding legal, financial, or contractual decisions — all responses are advisory only. Conversations are ephemeral and held in server memory for a maximum of 30 minutes. They are never stored in any database and cannot be recovered after the session ends. No personal data is transmitted to the AI model. Users must not attempt to extract proprietary information, source code, algorithms, or internal system details through the AI Assistant. A direct link to human support is always available via /contact.

10. Data Ownership

You retain ownership of your website data. HumanKey processes this data solely to provide the Service. We may use aggregated, anonymized data for service improvement.

You may delete individual sites from your account at any time. Deleting a site permanently removes all associated visit data, API keys, and analytics. This action is irreversible.

11. Service Availability

We aim for 99.9% uptime but do not guarantee uninterrupted service. We are not liable for data loss or service interruptions.

12. Termination

Either party may terminate the account at any time. Upon termination, your data will be deleted in accordance with our Privacy Policy.

13. Limitation of Liability

Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose, merchantability, or non-infringement.

Financial Liability Cap

To the maximum extent permitted by applicable law, HumanKey's total aggregate liability arising from or in connection with these Terms is limited to the total fees paid by the User to HumanKey during the 3-month period (Free/Pro plans) or 6-month period (Business/Enterprise plans) immediately preceding the event giving rise to the claim. Where no fees have been paid, HumanKey's liability is limited to the fullest extent permitted by law.

Exclusion of Indirect Damages

In no event shall HumanKey be liable for: (a) loss of profits, revenue, or savings; (b) data loss or corruption; (c) indirect, incidental, special, or consequential damages; (d) business decisions made based on Service results; (e) Service unavailability due to external factors.

Probabilistic Results — Not Legal Proof

Detection results are probabilistic in nature and do not constitute standalone legal evidence in judicial, arbitration, or administrative proceedings. Users are solely responsible for decisions made based on Service data.

These limitations do not apply to liability for willful misconduct or claims under mandatory applicable law.

14. Indemnification

You agree to defend, indemnify, and hold HumanKey harmless from any claims, losses, and costs (including legal fees) arising from: (a) breach of these Terms; (b) violation of third-party rights; (c) use of Service data as sole legal evidence without independent verification; (d) unauthorized account access due to failure to secure credentials.

15. Force Majeure

HumanKey is not liable for delays or failures caused by events beyond its reasonable control, including internet infrastructure outages, cyberattacks, acts of government, changes in law, natural disasters, or other force majeure events.

16. Age Restriction

You must be at least 16 years old to use the Service, in accordance with the EU General Data Protection Regulation (GDPR). By creating an account, you confirm that you meet this age requirement.

17. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of Poland and, where applicable, the regulations of the European Union (including GDPR). Any disputes shall be subject to the exclusive jurisdiction of the courts of Poland.

18. Changes to Terms

We may update these terms. Continued use after changes constitutes acceptance.

19. Contact

Questions? Contact us via our contact form (Legal Inquiries).