Terms of Service

Agreement and authority

These Terms of Service (the “Terms”) form a binding agreement between Browserherd, Inc. (“Browserherd,” “we,” “us,” or “our”) and the individual or legal entity accessing or using the Services (“Customer,” “you,” or “your”). If you use the Services for an organization, you represent that you have authority to bind that organization.

These Terms incorporate our Acceptable Use Policy, Privacy Policy, applicable Service Level Agreement, any order form, and any other terms expressly referenced here. An executed order form controls if it expressly conflicts with these Terms.

Key definitions

Services

Browserherd's hosted cloud browser infrastructure, APIs, dashboard, session tooling, documentation, support, and related features.

Customer Data

Data, code, instructions, configurations, credentials, content, and other information submitted to or processed through the Services by or for Customer.

Session Data

Technical information generated by a cloud browser session, which may include URLs, request metadata, console output, cookies, storage, screenshots, recordings, and logs depending on Customer configuration.

Authorized User

An employee, contractor, or agent whom Customer authorizes to use its account for Customer's internal business purposes.

Prepaid Browser Usage Credits

Non-cash service credits purchased from or issued by Browserherd that may be applied only toward eligible Browserherd usage charges.

Order Form

A written or electronic ordering document identifying Services, plan, fees, term, capacity, and any negotiated terms.

Eligibility and accounts

• You must be at least 18 years old and legally capable of entering into this agreement.
• You must provide accurate account and billing information and keep it current.
• You are responsible for Authorized Users, API keys, credentials, and all activity under your account.
• You must use reasonable safeguards, restrict credentials to those who need them, and notify [email protected] promptly of suspected unauthorized access.
• You may not share an individual login outside your organization or transfer an account without our written consent.

Access to the Services

Subject to these Terms and timely payment, Browserherd grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term to access and use the Services for Customer's internal business purposes. We may improve, modify, or discontinue features, provided that we will not materially reduce the core functionality of a paid Service during a committed term without reasonable notice.

Preview, beta, trial, and free features are provided for evaluation, may have additional limits, and may be changed or discontinued at any time. They are not covered by any SLA unless an order form says otherwise.

Your use of cloud browsers

You control what your automation instructs a browser to do. You are responsible for determining whether your use, collection, access, storage, and disclosure of data is lawful and permitted by applicable website terms, contracts, intellectual property rights, privacy laws, and other obligations.

• Use the Services only for lawful purposes and in accordance with the Acceptable Use Policy.
• Obtain all permissions and provide all notices required for Customer Data and automated interactions.
• Respect access controls, rate limits, robots directives where legally applicable, and third-party rights.
• Configure session recording, persistent profiles, cookies, and retention appropriately for your use case.
• Do not rely on Browserherd as the sole repository for Customer Data or credentials.

Fees, subscriptions, and usage

Fees are listed on the pricing page, in the dashboard, or in an order form. Except where stated otherwise, fees are in U.S. dollars and exclude taxes. You authorize Browserherd and its payment processor to charge your selected payment method for recurring subscription fees, usage overages, Prepaid Browser Usage Credits, and applicable taxes.

Renewal and usage

Subscriptions renew automatically for successive periods matching the initial subscription period unless either party cancels before renewal. Usage is measured according to Browserherd's metering records. Plan allowances reset at the start of each billing cycle and do not roll over unless an order form says otherwise. If enabled, usage charges will be deducted from available Prepaid Browser Usage Credits after included plan allowance is exhausted.

Prepaid Browser Usage Credits

Prepaid Browser Usage Credits are a limited contractual right to receive eligible Browserherd Services. They are not legal tender, electronic money, cryptocurrency, a bank account, a deposit, a payment instrument, or a general-purpose stored-value product. Credits have no cash value and may not be sold, resold, gifted, transferred between customers, withdrawn, redeemed for cash, or used to purchase goods or services from any third party. They do not earn interest and are not protected by deposit insurance.

Credits may be used only by the purchasing Customer for eligible Browserherd usage charges. Any minimum purchase, maximum balance, expiration date, promotional restriction, regional limitation, or eligible usage category will be disclosed at purchase or in the applicable order form. Browserherd may reject, reverse, suspend, or limit a credit transaction reasonably associated with fraud, payment reversal, policy violation, sanctions risk, or account compromise. If the underlying payment is reversed, disputed, refunded, or charged back, Browserherd may remove the corresponding credits, including credits already applied, and any resulting account balance may become immediately payable.

Taxes and payment disputes

You are responsible for sales, use, VAT, withholding, and similar taxes other than taxes based on Browserherd's net income. If an invoice is overdue, we may suspend access after notice. Billing disputes must be raised in good faith within 30 days after the applicable charge.

Cancellation and refunds

Unless required by law or expressly stated in an order form, subscription fees and purchases of Prepaid Browser Usage Credits are non-cancelable and non-refundable once paid. We do not provide prorated refunds for unused time, unused plan allowance, unused credits, account suspension caused by your breach, or early termination by Customer. Canceling a subscription does not convert remaining credits into cash or create a right to a refund. To request review of a billing error, email [email protected] within 30 days of the charge with your account ID and relevant invoice.

Customer Data and privacy

As between the parties, Customer retains all rights in Customer Data. Customer grants Browserherd a limited right to host, process, transmit, and display Customer Data only as necessary to provide, secure, support, and improve the Services and to comply with law.

Browserherd handles personal information as described in the Privacy Policy. When Browserherd processes personal data on Customer's behalf, the Data Processing Agreement applies. We may generate aggregated or de-identified information from use of the Services and use it to operate, secure, analyze, and improve our services, provided it does not identify Customer or any individual.

Ownership and feedback

Browserherd and its licensors own the Services, software, APIs, documentation, designs, trademarks, and all related intellectual property. No rights are granted except those expressly stated in these Terms. You may not copy, modify, reverse engineer, resell, lease, or use the Services to build a competing hosted browser infrastructure service except to the extent a restriction is prohibited by law.

If you provide suggestions or feedback, you grant Browserherd a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or attribution.

Confidential information

Each party may receive non-public information that is identified as confidential or reasonably should be understood as confidential. The receiving party will use it only to perform under this agreement and protect it using at least reasonable care. Confidentiality obligations do not apply to information that is public through no breach, already lawfully known, independently developed, or rightfully received without restriction. A party may disclose information when legally required after giving notice where permitted.

Security, compliance, and suspension

We may investigate suspected misuse and suspend or limit access when reasonably necessary to prevent harm, protect the Services or third parties, comply with law, address an AUP violation, or resolve overdue payment. Where practical, we will provide notice and an opportunity to cure. We may remove or disable access to content or activity that we reasonably believe is unlawful or creates material risk.

Warranties and disclaimers

Browserherd warrants that paid Services will materially conform to published documentation under normal authorized use. Your exclusive remedy for breach of this warranty is for Browserherd to use commercially reasonable efforts to correct the nonconformity or, if we cannot, to terminate the affected Service and refund prepaid fees for the unused remainder of the committed term.

Except for the express warranty above and to the maximum extent permitted by law, the Services are provided “as is” and “as available.” Browserherd disclaims all implied warranties, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Services will be uninterrupted or error-free. Browserherd does not control third-party websites and does not warrant that any automated workflow or destination will remain available or permit access.

Indemnification and limitation of liability

Customer will defend and indemnify Browserherd and its affiliates from third-party claims arising from Customer Data, Customer's use of the Services in violation of these Terms, or Customer's violation of law or third-party rights. Browserherd will promptly notify Customer and provide reasonable cooperation.

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits, revenue, goodwill, or data. Each party's total aggregate liability arising from the Services will not exceed the fees paid or payable by Customer for the affected Services during the 12 months before the event giving rise to liability. These limits do not apply to payment obligations, infringement or misappropriation of the other party's intellectual property, breach of confidentiality, indemnification obligations, fraud, willful misconduct, or liabilities that cannot legally be limited.

Term and termination

These Terms begin when you first accept them or use the Services and continue until all subscriptions and order forms end. Either party may terminate for a material breach not cured within 30 days after written notice, or immediately if the breach cannot be cured. We may terminate free accounts after reasonable inactivity notice.

On termination, your right to use the Services ends and outstanding fees become due. You must export Customer Data before termination. We may delete Customer Data after a reasonable post-termination period, subject to law and the DPA. Provisions that by their nature should survive will survive, including payment, ownership, confidentiality, disclaimers, liability limits, and dispute provisions.

Governing terms

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The state and federal courts located in Delaware will have exclusive jurisdiction, and each party consents to their jurisdiction and venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You may not use the Services in violation of export controls, sanctions, or anti-corruption laws. Neither party is liable for delay caused by events beyond its reasonable control. You may not assign this agreement without our consent, except in connection with a merger, acquisition, or sale of substantially all assets; Browserherd may assign it to an affiliate or successor. If a provision is unenforceable, the rest remains effective. Failure to enforce a provision is not a waiver.

We may update these Terms. For material changes, we will provide reasonable notice through the Services or by email. Changes take effect on the stated date; continued use after that date constitutes acceptance. The current version replaces prior terms concerning the Services.