Humanmark BETA

Terms of Service

Effective Date: July 23, 2025

Version: Beta 1.0

Welcome to Humanmark

These Terms of Service ("Terms") govern your use of the Humanmark mobile application ("App") provided by Humanmark SPC, a Washington State Social Purpose Corporation ("we," "our," or "us").

By downloading or using Humanmark, you agree to these Terms. If you don't agree, please don't use the App.

Beta Service Notice

Humanmark is currently in beta. This means:

  • The service is still under active development
  • Features may be added, changed, or removed without notice
  • Service interruptions or errors may occur
  • Performance may vary
  • We're refining the experience based on real-world usage

Your feedback is welcome at support@humanmark.io, though not required for participation in the beta.

What Humanmark Does

Humanmark provides human verification technology. When a website or service needs to confirm you're a human (not automation), our App creates cryptographic proof using your device's security features. This helps protect online services from automation while preserving your privacy.

The App is free for you to use and always will be. We earn revenue from the services that request verification, not from users.

Eligibility

To use Humanmark, you must:

  • Be at least 16 years old
  • Have a compatible device that supports fingerprint, face recognition, or passcode security
  • Be legally capable of entering into these Terms in your jurisdiction

By using Humanmark, you represent and warrant that you meet these requirements.

How to Use Humanmark

Acceptable Use

You agree to use Humanmark only for its intended purpose: proving you're human when requested by participating services.

You may use Humanmark for any lawful personal or commercial purpose when interacting with services that have integrated our verification.

Verification Limitations

Technology isn't perfect. While we use secure hardware-based verification, you should know:

  • Verification might sometimes fail even though you're human
  • Device issues, software bugs, or network problems can affect verification
  • Very sophisticated attacks might find ways around our system
  • No security measure is 100% effective all the time

We're constantly working to improve accuracy and security, but we can't guarantee perfect results. Services using Humanmark should understand these limitations.

Prohibited Conduct

You agree NOT to:

  • Attempt to bypass, break, or manipulate our verification process
  • Use automated means to interact with the App (yes, we see the irony)
  • Reverse engineer, decompile, or disassemble any part of our service
  • Use Humanmark to facilitate illegal activities
  • Interfere with or disrupt our service or servers
  • Violate any applicable laws or regulations
  • Use the service in any way that could damage our reputation or business

Device Security

You're responsible for maintaining the security of your device. If your device security is compromised by malware or other technical attacks that could affect the integrity of verifications, you should stop using Humanmark until you've secured your device.

Privacy

Your privacy is fundamental to our service. Please review our Privacy Policy to understand how we handle information. The short version: we can't track you, your biometric or passcode data never leaves your device, and we don't collect personal information.

Intellectual Property

Our Rights

We retain all applicable rights, title, and interest in:

  • The Humanmark name, logo, and brand elements
  • Our App and its user interface
  • Our verification technology and methods
  • All content we create

Your Feedback

We welcome suggestions and feedback about Humanmark. If you provide feedback:

  • You grant us the right to use it without restriction or compensation
  • You confirm your feedback doesn't violate others' rights
  • We may implement similar ideas independently without obligation to you

To share feedback, contact support@humanmark.io.

Open Source Software

Humanmark incorporates open source software. Acknowledgments and license information are available within the App's settings.

No Warranties

HUMANMARK IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

During our beta period especially, we don't guarantee:

  • The App will always be available or error-free
  • Verifications will always succeed when they should
  • The service will meet any specific requirements
  • Any particular level of security or performance

While we make good faith efforts to maintain reliable service, we can't promise perfection, particularly during beta.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE'RE NOT LIABLE FOR:

  • Inability to access third-party services that require Humanmark verification
  • Lost opportunities or benefits from failed verifications
  • Any indirect, incidental, consequential, or punitive damages
  • Any damages exceeding $100 in aggregate

This limitation applies even if we knew such damages were possible.

Some jurisdictions don't allow certain liability limitations, so some of the above may not apply to you.

Indemnification

You agree to defend, indemnify, and hold us harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from:

  • Your violation of these Terms
  • Your misuse of Humanmark
  • Your violation of any laws or others' rights

Service Modifications and Termination

Our Rights

We may:

  • Modify, suspend, or discontinue Humanmark at any time
  • Change features or functionality without notice
  • Terminate your access for violating these Terms
  • End the beta period and transition to general availability

Termination

Your right to use Humanmark ends immediately if you violate these Terms. We may restrict your device's ability to use Humanmark.

After Termination

If your access is terminated:

  • Stop using the App immediately
  • Delete the App from all your devices
  • The limitations of liability and other protective terms in these agreements continue

Dispute Resolution

Informal Resolution

Before filing any legal action, contact us at legal@humanmark.io to attempt informal resolution. We'll try to resolve disputes in good faith.

Binding Arbitration

If we can't resolve a dispute informally, it will be settled through binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration will:

  • Take place in Seattle, Washington
  • Be conducted in English
  • Result in a binding decision

YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

Exceptions

You may bring claims in small claims court if they qualify. Either party may seek injunctive relief in court for intellectual property violations.

General Terms

Governing Law

These Terms are governed by Washington State law, excluding conflict of law principles.

Export Controls

You agree to comply with all applicable export laws and regulations. Don't use Humanmark where prohibited by U.S. export controls or sanctions.

Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between us regarding Humanmark.

Severability

If any provision is found unenforceable, the rest of the Terms remain in effect.

Waiver

Our failure to enforce any provision isn't a waiver of our right to do so later.

Assignment

We may assign these Terms to a successor. You may not assign your rights without our written consent.

Force Majeure

We're not liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters or acts of God
  • Government actions or legal requirements
  • Internet or telecommunications failures
  • Cyber attacks or security breaches
  • Pandemics or public health emergencies
  • Any other events beyond our reasonable control

During such events, we'll make reasonable efforts to maintain service and communicate with users about significant disruptions.

Updates to Terms

We may update these Terms as our service evolves. When we make material changes:

  • We'll update the "Effective Date"
  • We'll notify you through the App
  • Your continued use means you accept the new Terms

Contact Us

For questions about these Terms:

Email: legal@humanmark.io

Website: https://humanmark.app

Feedback: support@humanmark.io

We aim to respond within 2 business days.

Thank You

We're building Humanmark to help create a more human internet while respecting your privacy. Thank you for being part of our beta and helping us improve.