Terms of Service
Terms of Service
Effective as of: September 16, 2025
Service Provider: Trusted Accounts SW FlexCo, Vorarlberger Wirtschaftspark 1, 6840 Götzis, Austria
IMPORTANT NOTICE: This German version constitutes the legally binding document. The English version serves only as a reference. In case of conflicts or ambiguities between the versions, the German version takes precedence.
German Version: Nutzungsbedingungen
Related Documents:
- Data Processing Agreement (DPA) - Regulates data processing on behalf of our customers (Processor role)
- Privacy Policy - Regulates data processing as Controller
IMPORTANT: The Data Processing Agreement (DPA) takes precedence over these Terms of Service when it comes to processing end-user data on behalf of our customers.
1. Contract Formation and Acceptance
These Terms of Service ("Terms"), which may be updated from time to time, constitute a binding contract between Trusted Accounts SW FlexCo, an Austrian Flexible Company ("Trusted Accounts"), and the natural or legal person who completes the registration process ("Customer"). "Onboarding" refers to the complete registration and account setup process through which the Customer gains access to Trusted Accounts' subscription-based services through our website. The complete legal relationship between the parties, including these Terms and all additional terms agreed during onboarding, is collectively referred to as the "Agreement". The Customer's acceptance of this Agreement occurs through one of the following actions: accessing or using the Service, clicking acceptance buttons such as "Submit", "I Agree", "I Accept" or similar options, or other clear intent to be bound by these Terms. Such acceptance becomes effective upon completion of the onboarding process, with this date being the "Effective Date" of this Agreement.
2. Service Overview and Subscription Terms
2.1 Service Components The Service includes Trusted Captcha (privacy-friendly CAPTCHA protection), Trusted SDK (user verification and authentication tools), Trusted Verify (age and identity verification services), WordPress Plugin (easy integration for WordPress websites), and Developer Console (platform management, analytics and configuration tools).
2.2 Subscription Model The Service operates on a subscription basis. Unless the Customer provides written notice of termination at least thirty (30) days before the end of the current billing period, the subscription and this Agreement will automatically renew for successive periods at Trusted Accounts' then-current price. The Customer may opt out of automatic renewal through the procedures described in Section 10.2 below.
3. Trusted Accounts Service
3.1 Service License During the subscription term, Trusted Accounts grants the Customer a revocable, non-exclusive license to use the Service components as follows: (a) The Customer may integrate the Agent software into the Customer's websites as necessary for Service functionality, subject to compliance with the Documentation; (b) The Customer may incorporate Mobile SDKs into the Customer's mobile applications for Service integration purposes; and (c) The Customer's authorized personnel may access the Dashboard through secure authentication. All uses must be exclusively for the Customer's internal business operations. The Customer ensures that all access credentials remain confidential and are not shared with unauthorized third parties. The Customer is responsible for all activities conducted under the Customer's account, including ensuring that all users comply with this Agreement and that access is promptly revoked for users no longer authorized to use the Service. The Customer acknowledges that Service availability depends on continued compliance with this Agreement and timely payment of all fees.
3.2 Prohibited Activities The Customer's use of the Service is strictly limited to the purposes authorized in this Agreement. The Customer is expressly prohibited from conducting the following activities, either directly or through third parties: (a) Reproducing, modifying or creating derivatives based on the Service or its components; (b) Sub-licensing, distributing or providing the Service to third parties through any means including rental, leasing or sales agreements; (c) Attempting to reverse engineer, decompile or otherwise analyze the source code or internal structure of the Service; (d) Removing or modifying proprietary markings, copyright notices or branding elements; (e) Using the Service in a manner that violates intellectual property rights, applicable laws or third-party rights; (f) Conducting performance benchmarks or competitive analyses for the purpose of developing competing services or products that replicate Service functionality; (g) Using automated tools or scripts to manipulate Service accounts or create artificial usage patterns; (h) Circumventing Service security measures, including attempts to bypass rate limits through multiple accounts or IP addresses; (i) Attempting to compromise Service security, disrupt operations or gain unauthorized access to Service infrastructure; (j) Using the Service to distribute malware, conduct network attacks or compromise security systems; or (k) Systematic extraction of Service content or data for unauthorized purposes such as building competing databases.
4. Support and Customer Service
4.1 Support Terms During the subscription term, Trusted Accounts will make reasonable commercial efforts to respond promptly to support tickets sent by the Customer to support@trustedaccounts.org or through the designated support channels. Support response times may vary depending on the severity of the issue and the Customer's service plan. Trusted Accounts provides support during normal business hours in Central European Time (CET/CEST), with emergency support for critical issues affecting Service availability or security.
5. Customer Eligibility and Account Management
5.1 Eligibility Requirements The Customer must be at least 18 years old or have the legal capacity to enter into agreements. The Customer must provide accurate, current and complete information during onboarding and maintain such information throughout the subscription term. The Customer is responsible for maintaining the security of account data and for all activities conducted under the Customer's account.
5.2 Account Responsibilities The Customer protects login credentials and notifies Trusted Accounts immediately of unauthorized access. The Customer must maintain accurate contact and billing information and ensure compliance with applicable laws and regulations when using the Service.
6. Data Rights and Processing
6.1 Customer Data Authorization The Customer hereby authorizes Trusted Accounts to process Customer data for Service provision purposes. This authorization includes the right: (i) to use, store, transmit and process Customer data as necessary to provide the Service and as set forth in the Privacy Policy; and (ii) to create aggregated, anonymized datasets from Customer data for Service improvements and legitimate business purposes, both during and after the Service relationship. This authorization enables Trusted Accounts to maintain Service quality, develop improvements, optimize performance and implement security enhancements. The Customer confirms that it has all necessary rights and permissions to grant this authorization and that Customer data does not violate third-party intellectual property or other rights.
6.2 Data Processing To the extent that Trusted Accounts processes personal information in Customer data, Trusted Accounts will process such personal information solely on instruction and on behalf of the Customer. The processing of such personal information is governed by our Data Processing Agreement (DPA), which is part of this Agreement. The Customer acknowledges that Trusted Accounts may process personal information in jurisdictions other than the Customer's and that such processing is subject to appropriate safeguards as required by applicable data protection laws. The Customer is responsible for compliance with applicable data protection laws in its jurisdiction and obtaining necessary consents from data subjects for the processing activities contemplated in this Agreement.
6.3 Security Research Trusted Accounts welcomes responsible security research. If the Customer discovers vulnerabilities, it should report them to security@trustedaccounts.org, follow responsible disclosure practices and not exploit vulnerabilities for malicious purposes.
7. Service Usage and Limitations
7.1 API Access and Rate Limits API access is provided according to the Customer's service plan and is subject to rate limits and usage quotas specified in the Documentation or as communicated to the Customer from time to time. The Customer must use API keys securely and not share them publicly or with unauthorized third parties. The Customer should follow the API documentation and best practices provided by Trusted Accounts, including all updates or changes thereto. Rate limits are designed to ensure fair usage and system stability for all customers. Exceeding established limits may result in temporary throttling, reduced Service performance or temporary suspension of API access. The Customer may contact Trusted Accounts if higher limits are needed for legitimate use cases, and Trusted Accounts will evaluate such requests in good faith based on the Customer's usage patterns and business needs.
7.2 Attribution Requirements The Customer should display "Protected by Trusted Accounts" branding in appropriate locations, follow branding guidelines for Service attribution and maintain the integrity of Service identification.
7.3 Acceptable Use The Customer may use the Service for legitimate business operations, user verification, compliance with applicable privacy and data protection laws and integration with the Customer's own platforms and services. The Customer may not use the Service to violate laws, harm others, circumvent security measures, abuse services, misrepresent identity or violate export control laws or sanctions.
8. Data Protection and Compliance
8.1 Data Processing Relationship Trusted Accounts acts as a data processor when the Customer uses the Service. The Customer remains the data controller for end-user data. The Privacy Policy and our Data Processing Agreement (DPA) govern data handling practices. The DPA takes precedence for all end-user data processing.
8.2 Data Minimization Trusted Accounts collects only necessary data for Service provision. End-user privacy is protected through privacy-friendly design principles. Trusted Accounts does not track users across websites or create user profiles. Detailed information about our Minimal Data approach can be found in our Data Processing Agreement (DPA).
8.3 Compliance Obligations The Customer must ensure compliance with applicable data protection laws in its jurisdiction. Trusted Accounts maintains compliance with GDPR, CCPA and other relevant regulations through regular audits and assessments. Note: For data processing on behalf of our customers (Processor role), the specific compliance provisions of our Data Processing Agreement (DPA) apply.
9. Service Level and Support
9.1 Service Availability Trusted Accounts strives for 99.9% uptime for all services. Planned maintenance will be communicated in advance through appropriate channels. Emergency maintenance may be required for security or stability purposes with minimal advance notice.
9.2 Support Services Technical support is available through the Developer Console and designated support channels. Documentation and knowledge base are provided for self-service support. Enterprise customers may receive prioritized support based on their service level agreement.
10. Payment Terms and Billing
10.1 Billing and Payment Service fees are calculated based on the Customer's selected billing cycle (monthly or annually), with billing periods beginning on the Effective Date and continuing on the corresponding date of each subsequent period. Payment terms require settlement within thirty (30) days of invoice date, unless alternative arrangements are specified in the Customer's service plan or agreed in writing. Failure to meet payment deadlines may result in Service suspension after appropriate notice, and Trusted Accounts may charge late fees at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. The Customer is responsible for all government-imposed taxes, fees and charges, including but not limited to value-added tax (VAT), sales tax and withholding taxes. Trusted Accounts reserves the right to adjust prices to account for changes in tax rates or the introduction of new tax obligations.
10.2 Automatic Renewal Unless the Customer provides written notice of termination at least thirty (30) days before the end of the current subscription term, the subscription will automatically renew for successive billing periods at Trusted Accounts' then-current price.
10.3 Price Changes Trusted Accounts may adjust prices with thirty (30) days' advance notice. Existing customers will be grandfathered at the current price for twelve (12) months. Price increases for existing customers will not exceed ten percent (10%) annually.
11. Intellectual Property Rights
11.1 Trusted Accounts Rights All Trusted Accounts services, technologies, software and intellectual property remain the exclusive property of Trusted Accounts. Trusted Accounts grants the Customer only the limited license specified in Section 3.1 to use the Service. All rights not expressly granted remain with Trusted Accounts.
11.2 Customer Rights The Customer retains ownership of its content and data provided to the Service. The Customer may integrate the Service with the Customer's platforms and create derivatives exclusively for the Customer's internal use in connection with the Service. The Customer grants Trusted Accounts the license specified in Section 6.1 to provide the Service.
12. Warranties and Disclaimers
12.1 Service Warranties Trusted Accounts warrants that the Service will function substantially in accordance with the Documentation during the subscription term. This warranty does not apply to problems caused by Customer misuse, unauthorized modifications or third-party software or services. Trusted Accounts further warrants that it has the right and authority to grant the licenses and rights granted to the Customer in this Agreement and that the Service, when used in accordance with this Agreement and the Documentation, will not infringe third-party intellectual property rights. Trusted Accounts does not warrant that the Service will be uninterrupted, error-free or completely secure or that all defects will be corrected, as the Service is subject to limitations, delays and other problems inherent in the use of Internet applications and electronic communications.
12.2 Disclaimers EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TRUSTED ACCOUNTS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. Limitation of Liability
13.1 Liability Limitations IN NO EVENT SHALL TRUSTED ACCOUNTS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.
13.2 Liability Cap TRUSTED ACCOUNTS' TOTAL LIABILITY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY THE CUSTOMER TO TRUSTED ACCOUNTS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. Note: For data processing on behalf of our customers (Processor role), the specific liability provisions of our Data Processing Agreement (DPA) apply, which take precedence.
13.3 Force Majeure Neither party shall be liable for delays or failures in performance due to events beyond their reasonable control, including natural disasters, government actions, network problems or acts of terrorism. The affected party will make reasonable efforts to mitigate such events.
14. Indemnification
14.1 Customer Indemnification The Customer agrees to indemnify, defend and hold harmless Trusted Accounts from and against all claims, damages, losses and expenses (including reasonable attorneys' fees, court costs and other litigation expenses) arising from or in connection with: (a) the Customer's use of the Service in violation of this Agreement or applicable laws; (b) the Customer's violation of applicable laws, regulations or third-party rights; (c) the Customer's breach of any warranty, representation or agreement contained in this Agreement; (d) the Customer's negligence or willful misconduct; (e) the Customer's violation of privacy or data protection laws; (f) all content, data or materials provided by the Customer or processed through the Service; or (g) all third-party claims arising from the Customer's use of the Service or the Customer's non-compliance with applicable laws or regulations.
14.2 Trusted Accounts Indemnification Trusted Accounts agrees to indemnify, defend and hold harmless the Customer from and against all claims that the Service infringes or misappropriates third-party intellectual property rights, subject to the Customer's prompt notice of such claims and cooperation in the defense.
14.3 Indemnification Procedures The indemnifying party has sole control over the defense and settlement of claims, provided that the indemnified party may participate in the defense at its own expense. The indemnifying party may not settle claims without the prior written consent of the indemnified party, which shall not be unreasonably withheld.
15. Confidentiality
15.1 Confidential Information In the course of this Agreement, either party may share sensitive business information with the other. "Confidential Information" includes all non-public information that is either expressly marked as confidential or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure. Note: For personal data, the specific confidentiality and security provisions of our Data Processing Agreement (DPA) apply.
15.2 Confidentiality Obligations The party receiving confidential information agrees to: (a) maintain strict confidentiality of such information; (b) not share it with third parties unless expressly authorized; (c) use it solely for the purposes set forth in this Agreement; and (d) implement security measures at least equivalent to those used for the receiving party's own confidential information.
15.3 Exceptions The confidentiality requirements set forth above do not apply to information that: (a) becomes publicly known without action or omission by the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is lawfully received from a third party who has the right to disclose it; or (d) is independently developed by the receiving party without reference to the disclosed confidential information.
16. Termination
16.1 Termination by Customer The Customer may terminate this Agreement at any time with thirty (30) days' written notice to Trusted Accounts. Customer data will be exported and deleted according to the data retention policy. Outstanding payments remain due upon termination. Note: For data processing on behalf of our customers (Processor role), the specific termination provisions of our Data Processing Agreement (DPA) apply.
16.2 Termination by Trusted Accounts Trusted Accounts may terminate this Agreement upon material breach by the Customer after appropriate notice and opportunity to cure, except for breaches that pose immediate security risks and may result in immediate termination.
17. General Terms
17.1 Assignment This Agreement may not be assigned or transferred by either party without the prior written consent of the other party, except in cases of corporate restructuring such as mergers, acquisitions or transfers of substantially all business assets or voting control. Any unauthorized assignment shall be void and unenforceable. The terms of this Agreement extend to and benefit properly assigned successors and assignees. The Customer is prohibited from delegating its obligations under this Agreement without express written consent from Trusted Accounts, and any attempt at delegation without such authorization is void.
17.2 Governing Law and Jurisdiction This Agreement is governed by Austrian law without regard to conflict of law principles and without regard to the UN Convention on the International Sale of Goods. The jurisdiction and venue for actions related to this Agreement are the courts in Feldkirch, Austria, and both parties submit to the personal jurisdiction of such courts. EU consumer protection laws apply to the extent applicable, and nothing in this Agreement limits the Customer's rights under mandatory consumer protection laws. The parties agree that any legal action or proceeding related to this Agreement shall be brought in the courts of Feldkirch, Austria, and the parties hereby consent to the personal jurisdiction of such courts.
17.3 Public Relations Trusted Accounts may include the Customer and its brands in Trusted Accounts' customer lists and marketing materials, but will cease such use upon written request from the Customer.
17.4 Audit Rights Upon written request from Trusted Accounts, the Customer shall provide written confirmation that the Customer's use of the Service is in full compliance with the terms of this Agreement. Trusted Accounts may also conduct reasonable audits of the Customer's compliance with this Agreement, including but not limited to reviewing the Customer's use of the Service, examining the Customer's systems and processes related to the Service and reviewing the Customer's compliance with applicable laws and regulations. Such audits will be conducted during normal business hours with reasonable advance notice, will not unreasonably disrupt the Customer's business operations and will be subject to appropriate confidentiality obligations. The Customer will cooperate with such audits and provide Trusted Accounts with access to relevant information, systems and personnel as reasonably requested. Note: For compliance audits in the context of data processing on behalf of our customers (Processor role), the specific provisions of our Data Processing Agreement (DPA) apply.
17.5 Subcontractors Trusted Accounts may engage subcontractors and permit them to exercise Trusted Accounts' rights, but Trusted Accounts remains responsible for their compliance with this Agreement and for overall performance under this Agreement. Trusted Accounts ensures that all subcontractors are bound by written agreements containing confidentiality and data protection obligations at least as protective as those contained in this Agreement. The Customer acknowledges that Trusted Accounts may engage subcontractors for various aspects of the Service, including but not limited to hosting, analytics, payment processing and customer support. Trusted Accounts will provide the Customer with a list of current subcontractors upon request and notify the Customer of material changes to the subcontractor list with reasonable advance notice. Detailed provisions regarding subcontractors can be found in our Data Processing Agreement (DPA).
17.6 Independent Contractors The parties are independent contractors, not agents, partners or joint ventures. Neither party has the authority to bind the other or make representations on behalf of the other.
17.7 Export Control The Customer acknowledges that the Service may be subject to export control laws and regulations. The Customer may not export, re-export or transfer the Service in violation of applicable export control laws.
17.8 Open Source Software Certain aspects of the Service may contain or be provided with third-party components that are subject to open source software licenses. To the extent required by such licenses, the terms of such licenses shall apply instead of the terms of this Agreement with respect to such components.
17.9 Waivers and Remedies Waivers must be signed by an authorized representative of the waiving party and may not be inferred from conduct. Either party may seek appropriate equitable relief, in addition to other available remedies, for breach or threatened breach of confidentiality obligations.
17.10 Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements regarding its subject matter. Modifications must be in writing and signed by authorized representatives of both parties. Important Note: These Terms of Service work in conjunction with our Data Processing Agreement (DPA), which takes precedence for all data processing on behalf of our customers (Processor role) and contains specific GDPR provisions.
17.11 Severability If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to make it enforceable.
17.12 Notices All notices must be in writing and sent to the addresses specified in this Agreement. Trusted Accounts may also provide operational notices through the Service or by email.
18. Changes and Updates
18.1 Changes Trusted Accounts reserves the right to update this Agreement regularly at its discretion by publishing revised versions on its website. The Customer is responsible for monitoring the website regularly for agreement updates. CONTINUED USE OF THE SERVICE AFTER SUCH CHANGES CONSTITUTES ACCEPTANCE OF THE UPDATED TERMS. If the Customer disagrees with changes, it must discontinue Service use immediately. Changes will take effect no earlier than seven (7) days after publication, except for updates addressing new Service features or legal compliance requirements that may take effect immediately. Note: For changes to data protection-related provisions, the 30-day periods of our Data Processing Agreement (DPA) apply, which take precedence. While Trusted Accounts strives to inform customers about material changes via email or Service notifications, the Customer acknowledges that monitoring the website for agreement updates remains the Customer's responsibility.
18.2 Change Notifications Material changes will be communicated via email and published on the website. Changes will take effect no earlier than seven (7) days after publication, except for changes addressing new features or legal requirements that may take effect immediately.
19. Definitions
"Trusted Accounts" means Trusted Accounts SW FlexCo. "Agent" refers to the Trusted Accounts software components that the Customer integrates into the Customer's websites for Service functionality. "Credentials" include all authentication mechanisms including user IDs, passwords, account identifiers, license keys and other access controls provided by Trusted Accounts. "Customer Data" includes all information, content and data that the Customer or the Customer's end users submit to the Service or process through the Service. "Customer Website" means any website, application or digital platform owned or controlled by the Customer on which the Agent is deployed. "Dashboard" refers to the web-based administrative interface provided by Trusted Accounts for Service management and configuration. "Documentation" includes all technical guides, API references, integration instructions and other materials provided by Trusted Accounts to support Service implementation and usage. "Mobile SDKs" refers to the Trusted Accounts software development kits, libraries and related code components developed for integration into mobile applications on various platforms and operating systems. "Personal Information" means all data relating to an identified or identifiable natural person as defined by applicable data protection laws. "Personal Data" means the same as "Personal Information" and is defined in our Data Processing Agreement (DPA) in a GDPR-compliant manner. "Data Controller" means the natural or legal person who determines the purposes and means of processing personal data (see DPA for complete GDPR definition). "Data Processor" means a natural or legal person who processes personal data on behalf of the controller (see DPA for complete GDPR definition). "Data Subject" means the identified or identifiable natural person to whom personal data relates (see DPA for complete GDPR definition). "Service" includes the complete suite of Trusted Accounts offerings including Trusted Captcha, Trusted SDK, Trusted Verify, WordPress Plugin and Developer Console, together with all associated infrastructure and support systems. "Subscription Term" refers to the duration during which the Customer has active access to the Service and may use it under this Agreement. "User" means employees, contractors or other authorized personnel of the Customer who are permitted to manage or access the Service on behalf of the Customer.
20. Contact Information
General Inquiries: contact@trustedaccounts.org
Legal Matters: legal@trustedaccounts.org
Support: support@trustedaccounts.org
These Terms of Service constitute the entire agreement between the Customer and Trusted Accounts regarding the use of the Service and supersede all prior agreements.