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Terms of Service

Last updated: October 10 2025 Effective: October 25, 2025

1. Introduction​

Welcome to OverpoweredJS ("OPJS"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must not use our Services.

2. Definitions​

  • "OPJS," "we," "us," "our": Refers to OverpoweredJS.
  • "Customer(s)": Website operators or entities who embed OPJS into their websites to utilize our Services.
  • "End-User(s)": Individuals who visit the websites of our Customers and interact with the Services.
  • "Services": OPJS’s SDK, APIs, and related materials that collect and analyze browser and network signals and return Outputs (including a per‑browser identifier) that may be used by Customer for fraud prevention, authentication, personalization, analytics, attribution, and advertising, subject to Applicable Laws. The identifier is designed to be unique per browser/runtime and may differ across browsers/devices.

Roles & Document Hierarchy​

For the SDK/API, Customer is the controller (or “business” under CPRA) and OPJS is the processor/service provider as set out in the Data Processing Addendum (DPA), which is incorporated by reference. For OPJS‑operated marketing properties (e.g., overpoweredjs.com) and their advertising/analytics/support tags, OPJS acts as an independent controller as described in the Privacy Policy. In case of conflict about data protection, the DPA controls; otherwise, these Terms control.

3. Eligibility​

  • Age Requirement: You must be at least 13 years old to use our Services. If you are under the age of majority in your jurisdiction, you must have your parent or guardian's permission to use the Services.
  • Compliance with Laws: You are responsible for ensuring that your use of the Services complies with all applicable laws and regulations.

4. Account Registration​

  • Account Creation: To access certain features of our Services, Customers may need to create an account. Customers agree to provide accurate, current, and complete information during the registration process.
  • Account Security: You are responsible for safeguarding your account credentials. You agree not to disclose your password to any third party and to notify OPJS immediately of any unauthorized use of your account.

5. Acceptable Use Policy​

5.1 Prohibited Activities​

You agree not to engage in any of the following prohibited activities:

  • Illegal Activities: Using the Services for any unlawful purpose or in violation of any local, state, national, or international law.
  • Unauthorized Access: Attempting to gain unauthorized access to any part of the Services or any other user's account.
  • Disruption: Interfering with or disrupting the integrity or performance of the Services or the data contained therein.
  • Impersonation: Misrepresenting your affiliation with a person or entity.
  • Data Mining: Using any automated system to access the Services for purposes of scraping, data mining, or similar data gathering.
  • Reverse Engineering: Attempting to decipher, decompile, disassemble, or reverse engineer any of the software or code used to provide the Services.
  • Circumventing Security Measures: Attempting to bypass any security measures used by the Services.

5.2 Content Standards​

Any content you submit, post, or display must not:

  • Be Illegal: Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Infringe Rights: Violate any intellectual property rights or other rights of any third party.
  • Contain Viruses: Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Customer is solely responsible for the legality of its deployment and use of the Services and Outputs, including: (a) providing all required notices and obtaining/recording any consents (e.g., ePrivacy/GDPR consent for fingerprinting or storing identifiers; CPRA “Do Not Sell or Share” choices and honoring GPC for Customer’s own properties where applicable); (b) implementing regional gating/opt‑out and honoring user preferences; (c) complying with browser/platform policies; and (d) promptly handling data subject/consumer requests related to Customer’s properties.

5.4 Security; API Keys; Suspension & Rate Limiting​

Customer must keep API keys and credentials confidential and use reasonable security measures. OPJS may rate‑limit, throttle, or suspend access (with notice where practicable) to address abuse, security risk, excessive error rates, non‑payment, or legal compliance. Customer remains responsible for fees during any suspension due to its breach.

6. Intellectual Property Rights​

  • Ownership: OPJS owns all right, title, and interest in and to the Services, including all intellectual property rights.
  • Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Services for personal or internal business purposes.

7. User-Generated Content​

  • License to OPJS: By submitting any content, you grant OPJS a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services.
  • Your Responsibility: You represent and warrant that you have all rights necessary to grant us the above license and that your content does not violate these Terms.

8. Data Protection and Privacy​

  • Privacy Policy & DPA incorporated. The Privacy Policy and Data Processing Addendum (DPA) are incorporated by reference. For SDK/API processing, Customer is the controller/business and OPJS is the processor/service provider under the DPA.
  • Permitted uses of Outputs. Customer may use Outputs (including the per‑browser identifier) for fraud prevention, authentication, personalization, analytics, attribution, and advertising, provided such use complies with Applicable Laws and Customer’s own disclosures/consents.
  • OPJS does not “sell” or “share” for its own advertising. OPJS does not use Customer Personal Data for its own targeted advertising or combine it across Customers except as permitted in the DPA (e.g., to provide and improve the Services). On overpoweredjs.com (marketing site) OPJS may use advertising/analytics tags as described in the Privacy Policy.
  • Customer compliance. Customer is solely responsible for notices, consents, opt‑outs (including CPRA “sale/share” choices and GPC where required), and honoring user preferences on its properties. OPJS will reasonably assist with data subject/consumer requests as set out in the DPA.

The Services may contain links to third-party websites or services that are not owned or controlled by OPJS. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

10. Disclaimers and Limitation of Liability​

10.1 Disclaimers​

  • "As Is" Basis: The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.
  • No Warranty: OPJS disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and course of dealing or performance.

10.2 Limitation of Liability​

To the maximum extent permitted by law, OPJS’s aggregate liability arising out of or related to the Services will not exceed the amounts paid by Customer to OPJS for the Services in the twelve (12) months immediately preceding the event giving rise to liability. The foregoing cap applies in the aggregate to all claims, whether in contract, tort (including negligence), strict liability, or otherwise.

IN NO EVENT WILL OPJS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE. Nothing in these Terms limits liability for willful misconduct or to the extent such limitation is prohibited by law.

11. Indemnification​

Customers agree to defend, indemnify, and hold harmless OPJS and its affiliates from any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

12. Governing Law​

These Terms are governed by the laws of the State of New York, without regard to conflict‑of‑law rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in New York County, New York for any dispute not subject to arbitration (if mutually agreed in writing). EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL TO THE EXTENT PERMITTED BY LAW.

13. Termination​

  • Termination by OPJS: We may terminate or suspend your account and access to the Services at any time, without prior notice or liability, for any reason whatsoever.
  • Effect of Termination: Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive.
  • Refunds: If OPJS terminates the Services for convenience or Customer terminates due to OPJS’s uncured material breach, OPJS will refund any prepaid fees for the unused portion of the then‑current term, provided Customer is not in violation of these Terms or applicable law. No refunds are available where termination results from Customer’s breach or unlawful use.

13.1 Data Export & Deletion​

Upon termination, and upon Customer’s written request within 30 days, OPJS will make commercially reasonable efforts to provide an export of Customer’s data/Outputs (to the extent maintained by OPJS for Customer). Thereafter, OPJS will delete or pseudonymize Customer Personal Data in accordance with the DPA and Privacy Policy, subject to legally required retention.

14. Changes to Terms​

We may modify these Terms from time to time. For material changes, we will provide at least 14 days’ advance notice via the dashboard, email, or the Site. The updated Terms will be effective on the stated effective date. If you do not agree to the changes, you must stop using the Services before the effective date; continued use after that date constitutes acceptance.

15. Contact Information​

If you have any questions about these Terms, please contact us

16. Fees and Payment​

Customer agrees to pay fees for the Services per the plan selected (subscription and/or usage‑based). Billing is processed via Stripe; Customer authorizes OPJS’s payment processor to charge all due amounts. Fees are non‑refundable except as expressly stated; any refund is conditioned on Customer not being in violation of these Terms or applicable law. Prices exclude taxes; Customer is responsible for all taxes, duties, and government charges (excluding OPJS’s income taxes). OPJS may suspend for non‑payment. Overage, upgrade, and downgrade terms are described on the Site or order page.

17. Confidentiality​

Each party may access the other’s Confidential Information. The receiving party will: (a) use it only to perform under these Terms; (b) protect it with reasonable care; and (c) not disclose it to third parties except to permitted subprocessors, affiliates, or advisors bound by confidentiality. Either party may disclose Confidential Information as required by law with prompt notice (where lawful).

18. Feedback​

If Customer provides feedback, ideas, or suggestions, OPJS may use them without restriction or obligation.

19. Publicity​

OPJS may identify Customer by name and logo as a customer on the Site and in marketing materials. Customer may opt out by giving written notice.

20. Export Control & Sanctions​

Customer represents it is not located in, and will not export or permit access to the Services from, any embargoed country or to any sanctioned party, and will comply with applicable export laws.

21. No High‑Risk Use​

The Services are not designed for high‑risk environments (e.g., life support, medical devices, aviation, nuclear). Customer will not use the Services where failure could lead to death or personal injury.

22. Beta or Pre‑Release Features​

We may offer features labeled as beta, preview, or similar. Such features are provided AS IS, may be suspended at any time, and are excluded from any commitments unless stated otherwise.

23. Third‑Party Services & Open Source​

The Services may interoperate with third‑party services or include open‑source components. Such components/services are provided subject to their own terms; OPJS is not responsible for third‑party services. For OPJS’s marketing site third‑party tags, see the Privacy Policy.

24. Force Majeure​

Neither party is liable for failure or delay caused by events beyond its reasonable control (e.g., internet outages, acts of God, labor disputes, governmental actions), provided it uses reasonable efforts to mitigate.

25. Order of Precedence​

If there is a conflict among documents, the following order governs (highest to lowest): (1) any mutually executed order form; (2) these Terms; provided that for data‑protection matters, the DPA controls; then (3) the Privacy Policy.