Terms and conditions

Last updated: [25.5.2026]
Effective date: [25.5.2026]

These Terms of Service (the "Terms") govern your access to and use of the browser fingerprinting and visitor identification services (the "Services") offered by Thumbmark Oy, a company registered in Finland under Business ID 3570706-5 ("Thumbmark", "we", "us", or "our").

By creating an account, accessing, or using the Services, you ("Customer" or "you") agree to be bound by these Terms. If you do not agree, you must not access or use the Services.

These Terms apply to customers who register and use the Services on a self-service basis through the Thumbmark website. If you have entered into a separate written agreement with Thumbmark covering your use of the Services, that agreement controls, and these Terms do not apply to that use.

1. Eligibility and Acceptance

1.1 Business or professional use

The Services are intended exclusively for business or professional use.

By accepting these Terms, you represent and warrant that:

(a) you are using the Services in the course of your trade, business, craft, or profession, and not as a consumer;

(b) you are at least 18 years of age;

(c) if you are accepting these Terms on behalf of a legal entity, you have full legal capacity and authority to do so and to bind that entity to these Terms, and the entity has all necessary corporate authorisations;

(d) any tax identification information you provide (including any value-added tax identification number) is accurate and valid;

(e) neither you nor any entity you represent is subject to any sanctions administered by the EU, the United Nations, the United Kingdom, or the U.S. Office of Foreign Assets Control (OFAC), nor located in any country subject to a comprehensive embargo by any of the foregoing; and

(f) you are not a competitor of Thumbmark and are not accessing the Services on behalf of a competitor or for the purpose of building a competing product.

1.2 How you accept

You accept these Terms by (a) clicking a button or checking a box indicating acceptance, (b) creating an account, or (c) accessing or using the Services. If you accept on behalf of a legal entity, the words "you" and "your" refer to both you individually and that entity, and you and the entity are jointly and severally bound by these Terms.

2. The Services

2.1 Description

The Services include Thumbmark's browser fingerprinting and visitor identification API (the "API") and any related configuration tools, dashboards, software, and documentation made available by Thumbmark. The technical documentation for the Services (the "Documentation") is published at docs.thumbmarkjs.com and may be updated from time to time.

2.2 Modifications

Thumbmark may modify, add to, remove from, or discontinue any feature of the Services at any time. Where a modification is materially adverse to your use of the Services, Thumbmark will use reasonable efforts to provide advance notice through the Services or by email.

2.3 Beta features

Thumbmark may make features available on a trial, beta, preview, or early-access basis ("Beta Features"). Beta Features are provided "as is" and "as available", may be unstable, and may be modified or discontinued at any time without notice. Thumbmark disclaims all warranties and all liability of any kind relating to Beta Features to the maximum extent permitted by law.

2.4 No service-level commitment

Thumbmark uses commercially reasonable efforts to make the Services available, but does not commit to any specific level of availability, response time, or uptime under these Terms. Customers requiring service-level commitments, support response times, or service credits must enter into a separate written agreement with Thumbmark.

3. Account and API Credentials

3.1 Registration

To use the Services, you must register an account with accurate, current, and complete information, and keep that information up to date. You may register only one account per legal entity unless Thumbmark expressly permits otherwise.

3.2 API credentials and security

Thumbmark will issue you one or more API keys and other access credentials (the "API Credentials"). You are solely responsible for:

(a) safeguarding your API Credentials;

(b) all activity that occurs under your account or with your API Credentials, whether or not authorised by you;

(c) ensuring that any individual you permit to access your account is bound by terms no less restrictive than these Terms; and

(d) promptly notifying Thumbmark at contact@thumbmarkjs.com of any actual or suspected unauthorised use of your account or API Credentials.

3.3 No sharing

You may not sell, resell, sublicense, lease, rent, or otherwise transfer access to your account or API Credentials to any third party without Thumbmark's prior written consent.

4. Acceptable Use

4.1 Restrictions

You will not, and will not permit any third party to:

(a) use the Services in violation of any applicable law, regulation, or third-party rights;

(b) transmit through the Services any data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health, data concerning sex life or sexual orientation, data relating to criminal convictions or offences (together, "Special Category Data"), or any personal data of children;

(c) engage in unlawful tracking, surveillance, stalking, or harassment, or use the Services to circumvent legal limitations on tracking technologies;

(d) reverse engineer, decompile, disassemble, or attempt to derive the source code, architecture, or non-public components of the Services, except to the extent expressly permitted by mandatory applicable law;

(e) circumvent or attempt to circumvent any rate limits, usage limits, authentication mechanisms, or other access controls of the Services;

(f) probe, scan, penetration-test, stress-test, or load-test the Services without Thumbmark's prior written consent, other than good-faith testing of your own integration in your own environment;

(g) introduce malicious code, viruses, worms, or other harmful agents into or through the Services;

(h) resell, repackage, or commercially redistribute the Services or outputs of the Services as a standalone product without Thumbmark's prior written consent; or

(i) use the Services to benchmark, monitor, or compile competitive information against the Services.

4.2 Consent and lawful basis

You acknowledge that browser fingerprinting may, depending on the jurisdiction and the configuration of your implementation, require notice to or consent from end users under applicable data protection and electronic communications laws (including without limitation the GDPR and ePrivacy rules). You are solely responsible for:

(a) providing all required notices and disclosures to end users whose data is processed through your implementation of the Services (the "Data Subjects");

(b) obtaining all required consents from Data Subjects, and honouring any withdrawals of consent;

(d) ensuring that your use of the Services complies with applicable data protection, privacy, and electronic communications laws.

Thumbmark has no obligation to verify your compliance with this Section 4.2, and assumes no liability for any failure on your part to obtain proper notices or consents.

4.3 Fair use and throttling

Thumbmark may apply rate limits, throttle traffic, or temporarily restrict access to the Services to protect their integrity, security, and availability for all users. Where Thumbmark applies such measures specifically to your use, it will use reasonable efforts to notify you and to discuss alternatives, such as a custom written agreement for higher-volume use.

4.4 Suspension

Thumbmark may suspend your access to the Services, in whole or in part, immediately and without prior notice, if Thumbmark reasonably believes that:

(a) you are in material breach of these Terms;

(b) your use poses, or is reasonably likely to cause, a security, legal, operational, or reputational risk to Thumbmark, the Services, or other customers, including without limitation through misconfiguration, repeated errors or failures, or excessive consumption of shared resources;

(d) suspension is required to comply with law, sanctions, or a request from a competent authority; or

(e) you have initiated a chargeback, payment reversal, or similar dispute with your payment provider or card issuer in respect of any Fees.

Suspension does not relieve you of your obligation to pay accrued Fees, and recurring Fees, where applicable, continue to accrue during the period of suspension. These Terms remain in effect during suspension unless and until terminated under Section 6. Thumbmark may, at its discretion, reinstate access following resolution of the cause of suspension.

5. Fees and Payment

5.1 Fees

You will pay the fees for the Services as set out on Thumbmark's pricing page (the "Fees"). The pricing model, including any recurring fees, included usage allowances, and metrics for usage-based charges (such as the number of API calls), is described on the pricing page.

5.2 Billing and automatic scaling

Fees are billed in arrears on the basis set out on the pricing page. Recurring fees, where applicable, apply regardless of your actual usage. Usage-based fees, where applicable, are metered based on actual usage, and there is no usage cap by default — your usage-based Fees will scale automatically with your usage. You are solely responsible for monitoring your own usage and for any Fees incurred, including any unexpected increases in Fees caused by traffic spikes, automated systems, or third parties accessing the Services through your integration.

5.3 Payment

You will provide and at all times maintain a valid payment method (the "Payment Method") authorised by Thumbmark or its payment processor. You authorise Thumbmark and its payment processor to initiate charges against the Payment Method for all Fees, including taxes, as they become due.

Fees are invoiced monthly in arrears and are due upon issuance unless otherwise stated. Thumbmark may issue invoices and initiate charges for accrued usage-based Fees at any time during a billing period where such accrued Fees exceed thresholds set by Thumbmark from time to time. Thumbmark may set or adjust these thresholds in its reasonable discretion, including by setting different thresholds for individual accounts based on payment history or other indicators of credit risk.

If a charge fails, you remain liable for the amount due. Thumbmark may retry the charge, require you to provide an alternative Payment Method, and exercise its rights under Sections 4.4 and 5.5.

5.4 Taxes

Fees are exclusive of value-added tax (VAT) and any other applicable taxes, duties, or levies, which Thumbmark will charge in addition where applicable. You are responsible for providing accurate tax identification information and for any taxes payable by you. If any withholding tax is required to be deducted from Fees, you will increase the amount payable so that Thumbmark receives the full Fees after the deduction.

5.5 Late payment and recovery costs

Overdue amounts accrue interest at 1.5% per month (or the maximum rate permitted by law, whichever is lower) from the due date until paid in full. You are also liable for reasonable costs (including legal fees, collection fees, chargeback fees, and other payment processor fees) of recovering overdue amounts.

5.6 Disputed amounts

If you dispute any Fees, you must notify Thumbmark in writing within thirty (30) days of the invoice date, providing reasonable detail of the dispute. You will pay all undisputed amounts when due, regardless of any dispute concerning other amounts. Amounts not disputed within that period are deemed accepted.

5.7 Price changes

Thumbmark may change its pricing at any time with at least thirty (30) days' prior notice by email or in the Services. Changes do not apply to usage incurred before the effective date of the change. If you do not accept a price change, your sole remedy is to terminate your account before the change takes effect.

5.8 No refunds

Except as expressly stated in these Terms or required by mandatory law, all Fees are non-refundable.

6. Term and Termination

6.1 Term

These Terms enter into force when you accept them or first use the Services, and continue in effect until terminated under this Section 6.

6.2 Termination by you

You may terminate these Terms and close your account at any time through the dashboard or by written notice in accordance with Section 15.1. Termination takes effect at the end of the then-current billing cycle, and you remain liable for all Fees accrued through the effective date of termination.

6.3 Termination by Thumbmark

Thumbmark may terminate these Terms and your access to the Services:

(a) immediately and without notice for any material breach of these Terms that is incapable of cure, or that you fail to cure within fourteen (14) days of written notice;

(b) immediately and without notice if (i) you become subject to insolvency, bankruptcy, or similar proceedings, (ii) you become subject to sanctions described in Section 1.1(e), or (iii) termination is required by law;

(d) on written notice, effective immediately, if the suspension of your access to the Services under Section 4.4 has continued for more than thirty (30) days due to your failure to resolve the cause of suspension.

6.4 Effect of termination

Upon termination:

(a) your right to access and use the Services ceases immediately, and Thumbmark may disable or delete your account and API Credentials;

(b) accrued Fees remain payable;

(d) provisions that by their nature should survive termination will survive, including Sections 4 (Acceptable Use), 5 (Fees and Payment), 7 (Customer Data and Data Protection), 8 (Intellectual Property), 9 (Confidentiality), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 14 (Governing Law and Disputes), and 15 (General).

7. Customer Data and Data Protection

7.1 Data Processing Agreement

Where Thumbmark processes personal data on your behalf in the provision of the Services, Thumbmark's Data Processing Agreement (the "DPA"), available at www.thumbmarkjs.com/resources/data-processing-agreement, applies and is incorporated by reference into these Terms. The DPA sets out the parties' respective rights and obligations under applicable data protection law, including the GDPR.

7.2 Your representations

Without limiting Section 4.2, you represent, warrant, and covenant that:

(a) you will comply with all applicable data protection, privacy, and electronic communications laws in your use of the Services;

(b) you have all rights, lawful bases, notices, and consents required to lawfully provide personal data to Thumbmark and to instruct Thumbmark to process it as contemplated by these Terms and the DPA; and

(c) you will not configure the Services to collect Special Category Data or personal data of children, and will not transmit such data through the Services.

7.3 Privacy Notice

Thumbmark's privacy practices in respect of its own website, prospects, and customer relationships are described in the Privacy Notice at www.thumbmarkjs.com/privacy. The Privacy Notice is separate from the DPA; the DPA governs Thumbmark's processing of personal data on your behalf.

8. Intellectual Property

8.1 Thumbmark's IP

As between you and Thumbmark, Thumbmark (and its licensors, as applicable) is the sole and exclusive owner of, and retains all right, title, and interest in and to, the Services, the API, the Documentation, all technology used to provide the Services, and all improvements, derivatives, and modifications of the foregoing. No rights are granted to you in respect of the Services other than those expressly set out in these Terms.

8.2 Licence to use

Subject to your compliance with these Terms, Thumbmark grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the term of these Terms solely for your internal business purposes.

8.3 Customer Data

As between you and Thumbmark, you retain all right, title, and interest in and to:

(a) data submitted to the Services by you or by Data Subjects through your implementation; and

(b) the visitor IDs, fingerprint hashes, and associated metadata delivered to you through the API

(together, "Customer Data").

You grant Thumbmark a worldwide, non-exclusive, royalty-free licence to use Customer Data solely as necessary to provide and operate the Services for you.

8.4 Feedback

If you provide Thumbmark with suggestions, comments, or feedback regarding the Services ("Feedback"), you grant Thumbmark a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use the Feedback for any purpose, without obligation to you.

9. Confidentiality

9.1 Confidential Information

Each party may disclose to the other non-public information that is designated as confidential or that should reasonably be understood to be confidential ("Confidential Information"). Thumbmark's Confidential Information includes the Services, the Documentation, technical materials, and non-public pricing.

9.2 Obligations

The receiving party will:

(a) use Confidential Information only as necessary to exercise its rights or fulfil its obligations under these Terms;

(b) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; and

(c) disclose Confidential Information only to its personnel, contractors, and advisors who have a need to know and who are bound by obligations of confidentiality no less restrictive than those in this Section 9.

9.3 Exclusions

The obligations in Section 9.2 do not apply to information that:

(a) is or becomes publicly known through no fault of the receiving party;

(b) was rightfully known by the receiving party before disclosure, as proven by written records;

(d) is independently developed without reference to the disclosing party's Confidential Information, as proven by written records.

9.4 Required disclosure

If the receiving party is required by law or court order to disclose Confidential Information, it will, where legally permitted, give prior notice to the disclosing party and reasonably cooperate in seeking confidential treatment.

10. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Services and the Documentation are provided "as is" and "as available", with all faults and without warranty of any kind.

Thumbmark expressly disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, quality, reliability, security, and uninterrupted or error-free operation. Without limiting the foregoing, Thumbmark does not warrant that:

(a) the Services will meet your requirements;

(b) visitor IDs, fingerprint hashes, or other outputs will be accurate, complete, unique, persistent, or suitable for any particular purpose;

(d) any defects in the Services will be corrected.

No information or advice obtained from Thumbmark or through the Services creates any warranty not expressly stated in these Terms.

11. Limitation of Liability

11.1 Exclusion of indirect damages

To the maximum extent permitted by law, Thumbmark will not be liable to you for any indirect, incidental, consequential, special, punitive, or exemplary damages, including, without limitation, loss of profits, loss of revenue, loss of business, loss of anticipated savings, loss of data, loss of goodwill, or business interruption, arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, even if Thumbmark has been advised of the possibility of such damages.

11.2 Aggregate cap

Subject to Section 11.3, Thumbmark's total aggregate liability arising out of or relating to these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the Fees paid by you to Thumbmark in the three (3) months immediately preceding the event giving rise to the claim.

11.3 Mandatory exceptions

The exclusions and limitations in Sections 11.1 and 11.2 apply to the maximum extent permitted by law. Nothing in these Terms excludes or limits Thumbmark's liability for (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; or (d) any other liability that cannot be excluded or limited under applicable mandatory law.

12. Indemnification

12.1 Indemnification by Customer

You will defend, indemnify, and hold harmless Thumbmark, its affiliates, and their respective directors, officers, employees, and agents from and against any and all third-party claims, demands, actions, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) (each a "Claim") arising out of or relating to:

(a) your use of the Services, including any data you transmit to or process through the Services;

(b) your products, services, websites, or applications that incorporate or rely on the Services;

(d) your failure to obtain or maintain required notices, consents, or lawful bases under data protection or electronic communications law; or

(e) any claim by a Data Subject, regulator, or other third party arising from your processing of personal data through the Services.

12.2 Procedure

Thumbmark will (a) promptly notify you of any Claim; (b) provide reasonable cooperation, at your expense; and (c) allow you to control the defence and settlement of the Claim, provided that no settlement may impose any liability or obligation on Thumbmark, or contain any admission of wrongdoing by Thumbmark, without Thumbmark's prior written consent. Thumbmark may, at its sole discretion and at its own expense, participate in the defence of any Claim with counsel of its choice.

13. Amendments to these Terms

Thumbmark may modify these Terms at any time. Thumbmark will give notice of material changes by email to the address associated with your account or by in-Service notification at least thirty (30) days before the change takes effect. Non-material changes (such as clarifications, corrections, and changes required by law) may take effect immediately upon posting. Your continued use of the Services after the effective date of a change constitutes acceptance of the modified Terms. If you do not accept a material change, your sole and exclusive remedy is to terminate your account before the change takes effect.

The current version of these Terms is always available at www.thumbmarkjs.com/terms. The "Last updated" date at the top of these Terms indicates when the Terms were most recently changed.

14. Governing Law and Disputes

14.1 Governing law

These Terms are governed by and construed in accordance with the laws of Finland, without regard to its conflict of laws principles.

14.2 Jurisdiction

Any dispute, controversy, or claim arising out of or relating to these Terms (including their existence, validity, interpretation, performance, breach, or termination) is submitted to the exclusive jurisdiction of the District Court of Helsinki (Helsingin käräjäoikeus), Finland, as the court of first instance.

14.3 Injunctive relief

Notwithstanding Section 14.2, either party may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.

15. General

15.1 Notices

Thumbmark may send notices to you by email to the address associated with your account, or by posting them in the Services. Notices to Thumbmark must be sent to contact@thumbmarkjs.com. Notices are deemed given when sent (for email) or posted (for in-Service notices), unless the sender receives notice of delivery failure.

15.2 Entire agreement

These Terms (together with the DPA and any pricing or documentation referenced) constitute the entire agreement between you and Thumbmark regarding the Services and supersede all prior agreements, communications, and proposals (whether oral or written) on the subject matter. There are no other agreements, representations, warranties, or promises between the parties relating to the subject matter except as expressly set forth in these Terms.

15.3 Order of precedence

In the event of any conflict between these Terms and the DPA, the pricing page, the Documentation, or any other document expressly incorporated into these Terms, these Terms prevail, except that:

(a) the DPA prevails on matters of data protection; and

(b) the pricing page prevails on the amount and structure of Fees.

15.4 Assignment

You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without Thumbmark's prior written consent.

Thumbmark may assign or transfer these Terms, in whole or in part, without your consent and without notice, including without limitation to an affiliate or in connection with any merger, acquisition, reorganisation, spin-off, change of control, or sale of all or substantially all of its assets or business to which these Terms relate.

These Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns. Any purported assignment in violation of this Section is void.

15.5 No agency

Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Thumbmark.

15.6 Force majeure

Neither party is liable for any failure or delay in performance (other than the obligation to pay Fees) to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, epidemic, pandemic, cyberattacks, ransomware, denial-of-service attacks, strike, or failure of third-party telecommunications or hosting providers. The affected party will promptly notify the other party of the circumstances and use reasonable efforts to mitigate their effects and resume performance as soon as reasonably practicable.

15.7 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, the remainder remains in full force and effect, and the invalid provision is replaced by an enforceable provision that comes closest to the intent of the original.

15.8 No waiver

A party's failure to enforce any provision of these Terms is not a waiver of that or any other provision. Any waiver of any provision of these Terms must be in writing and signed by the waiving party to be effective.

15.9 No third-party beneficiaries

These Terms do not confer any rights or remedies on any person other than the parties.

15.10 Language

These Terms are entered into in the English language. Any translation provided is for convenience only, and the English version controls.

15.11 Electronic acceptance

You agree that electronic acceptance of these Terms (such as by clicking "I accept" or creating an account) has the same legal effect as a handwritten signature.

16. Contact

Questions about these Terms can be directed to:

Thumbmark Oy
Tuohivirsu 1 A 5
02130 Espoo
Finland

Business ID: 3570706-5
Email: contact@thumbmarkjs.com