You may be accessing the Services through a Free Plan, Premium Plan, or a Team Plan on the onlinetools.com website. The Free Plan lets you access the Services for personal use only and the usage is limited to 5 Service uses per day. The Premium plan lets you access the Services for commercial use and you can use the Service without any limitations. The Team Plan lets more than one person acess the Services at a time. Every person on the team effectively gets a Premium Plan.
1. Use & Access
3.1 Provision of Services. The Services are software-as-a-service and are provided on a subscription basis for a set term designated at the time of purchase (each, as "Subscription Term").
4. License to Access the Services
You acknowledge that the Services are protected by and/or embody copyrights, trademarks, patents, trade secrets and/or other proprietary rights ("Intellectual Property") owned by Browserling, and/or its licensors, including without limitation the selection, coordination, arrangement, compilation, assembly and any enhancements thereto. The Services (and any Intellectual Property and other rights relating thereto) are and will remain the property of Browserling. The trademarks, trade names, trade dress, logos, and service marks displayed on the Services or any Third Party Platform, including the Browserling marks, logos and trade dress are the registered and/or unregistered trademarks of Browserling, Browserling's licensors and vendors and/or other third parties. The Intellectual Property may not be used by you for any purpose without Browserling's prior express written permission, unless permissible by law. Notwithstanding the foregoing, the Intellectual Property may not be used in connection with any product or service that is not Browserling's, in any manner that is likely to cause confusion among consumers, or in any manner that discloses confidential information or disparages Browserling. Nothing contained on the Services or available on any Third Party Platform should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property.
5. Your Account, Username and Passwords
In order to access certain areas of or participate in certain activities contained on the Services, we may require you to create an account ("Account"). To create an Account, we may ask or require you to provide us with certain personal information (for example, your name, address, and/or e-mail address), or by providing your credentials through a Third Party Platform and their associated API. YOU AGREE THAT:
In case we start requiring an account, username or password to access certain areas of or participate in certain activities contained on the Services, we may require you to create an account ("Account"). To create an Account, we may ask or require you to provide us with certain personal information (for example, your name, address, and/or e-mail address), or by providing your credentials through a Third Party Platform and their associated API. YOU AGREE THAT:
YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND THAT ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING CREDENTIALS PROVIDED BY YOU THROUGH THIRD PARTY PLATFORMS, INCLUDING ANY ACTIVITIES (INCLUDING USE OF THE SERVICES ON OR AVAILABLE THROUGH THE SERVICES OR THIRD PARTY PLATFORMS, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD ARE AUTHORIZED BY YOU.
6. Subscription Fees
6.1 Your Subscription Term and Renewals. Unless otherwise specified at the time of purchase, each Subscription Term shall automatically renew for the same term as the original subscription term.
6.2 Fees and Payment. All fees are as set forth at the time of purchase and shall be paid by you as of the effective date of your Subscription Term, unless otherwise specified at the time of purchase. Fees may be changed at any time by Browserling's notice to you; provided that, such fee changes will go into effect beginning with your next Subscription Term. Use of the Services beyond agreed-to limits may subject you to overage fees as set forth at the time of purchase. All fees are non-refundable, however Browserling may issue a refund within 30 days of the purchase, upon a request by you and is provided at the discretion of Browserling. You are required to pay any sales, use GST, value-added withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of Browserling. Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less.
6.3 Suspension of Service. If your account is overdue, in addition to any of its other rights or remedies (including but not limited to any termination rights set forth herein), Browserling reserves the right to suspend your access to the applicable Services (and any related services) until such amounts are paid in full, without liability to you.
6.4 During the Subscription Term of any Services, the Services shall be provided As Is. The Services may be unavailable during certain time windows for maintenance purposes ("Scheduled Downtime").
7. Code of Conduct
While using any of the Services, including any on URLs that you open in the Services ("Submissions") you agree to not:
- Create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are an Browserling representative;
- Send, post, transmit or make available any content or message that is false, inaccurate, misleading, disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, vulgar, inciteful, racist or otherwise objectionable;
- Suggest, illicit or encourage any illegal activity;
- Submit Customer Data or Submissions that are subject to intellectual property protection, including without limitation, copyright, trademark, trade secret or patent rights, or otherwise subject to third party proprietary rights, including, without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner to do so and to grant Browserling all of the license rights necessary to transmit or maintain such content, material, or Submissions;
- Send, post, transmit or make available any: any confidential, non-public information about any person or company without the express authorization to do so;
- Send, post, transmit or otherwise make available any advertisements, solicitations, chain letters, pyramid schemes, junk mail, SPAM, investment opportunities or other unsolicited or unauthorized commercial or promotional content, materials, SPAM or communication (except as otherwise expressly permitted herein or in writing by Browserling);
- Institute an attack upon any server used in connection with the Services or any portion thereof or otherwise attempt to disrupt such servers, including any Services available on or through the Browserling websites, applications and/or any Third Party Platform;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Services, including the Services;
- Attempt to obtain passwords, other Account information, or any other private information from any other user of the Services, including any Services made available on or through any Third Party Platform, and including without limitation, the collection personal information about others, such as email addresses or geo-locations;
8. Linked Content/Services
9. Your Data
9.1 Your data generally. "Customer Data" means any data of any type which is provided by you to Browserling in connection with the Services. You shall ensure that Your use of the Services and all Customer Data is at all times compliant with all applicable local, state, federal and international law, regulations and conventions, including, without limitation, those related to data privacy, international communications, and the exportation of technical or personal data. You are solely responsible for the accuracy, content and legality of all Customer Data. You represent and warrant to Browserling that You have sufficient rights in the Customer Data to grant the rights granted to Browserling and that the Customer Data does not infringe the rights of any third party.
9.2 Rights in Your Data. As between the parties, You shall retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to Browserling. Subject to the terms of this Agreement, You hereby grant to Browserling a non-exclusive, worldwide, royalty-free right to use, copy, store, transmit, modify, create derivative works of and display the Customer Data solely to the extent necessary to provide Services to Customer.
9.3 Uploads of Your Data. You shall be responsible for providing all Customer Data to Browserling and shall provide such Customer Data in a format consistent with the technical compatibility requirements set forth in the applicable Services. Errors in loading Customer Data onto Browserling systems due to defective media, erroneous data or failure to meet technical requirements may be rejected by Services or may be referred back to You for resolution and Browserling shall have no responsibility for any related impact on the applicable service.
9.4 Storage of Your Data. Browserling does not provide an archiving service. Browserling expressly disclaims all obligations with respect to storage.
9.5 Indemnification by You. You shall indemnify, defend and hold harmless Browserling from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to (a) any Customer Data, (b) any action taken (or not taken) by You based upon use of the Services or (c) any service or product offered by you in connection with or related to any Services.
9.6 Feedback. You, from time to time, may submit comments, information, questions, data, ideas, description of processes, or other information to Browserling ("Feedback"). Browserling may in connection with any of its Services freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty or restriction based on intellectual property rights or otherwise.
10. Right to Modify
Browserling reserves the right, at any time, to modify, suspend, or discontinue the Services and/or any part or parts thereof with or without notice. You agree that Browserling will not be liable to you or to any third party for any such modification, suspension, or discontinuation.
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is our policy to respond to notices and counter-notices that properly conform with the DMCA's requirements. Accordingly, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see the Copyright Office's web page at www.copyright.gov for details of the current DMCA requirements.
If you believe in good faith that materials hosted by Browserling infringe your copyright (for example, materials posted by a user on one of our message boards), you (or your agent) may send us a written notification pursuant to the DMCA, by providing our DMCA Agent with the information listed below (and as further set forth in 17 U.S.C. § 512(c)(3)) and requesting that the material be removed or access to it blocked:
Identification in sufficient detail of the copyrighted work that you claim has been infringed. If multiple copyrighted works on the Services are covered by a single notification, you may provide a representative list of such works on the Services, however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
Identification of the URL or other specific location on the Services that contains the material that you claim to be infringing your copyright. You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material(s), so that we can comply with your request to remove or deny access to it/them;
Your name, address, telephone number and email address (if available);
The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice will not be valid. You must submit any notification of an alleged copyright infringement to Browserling's DMCA Agent by email at firstname.lastname@example.org.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BROWSERLING AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BROWSERLING AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICES, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SUBMISSIONS, THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED, OR ANY PRODUCTS AVAILABLE ON THE SERVICES OR THROUGH ANY THIRD PARTY PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO OPINION, ADVICE OR STATEMENT OF BROWSERLING OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SERVICES, IN THE CUSTOMER DATA, ON THIRD PARTY PLATFORMS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICES AND CUSTOMER DATA ARE ENTIRELY AT YOUR OWN RISK.
14. Limitation of Liability
16. Statute of Limitations
17. Choice of Law/Venue
All notices required or permitted to be given under this Agreement must be in writing and shall be given by personal delivery, registered or certified mail, or Federal Express or other nationally recognized courier service which regularly tracks its packages, if to Browserling to its Registered Agent with the State of California, and if to you, to the e-mail and/or postal address associated with your Account. Notices, if personally delivered, shall be deemed to have been received on the date of delivery; if by registered or certified mail, on the third business day after mailing; if by Federal Express or e-mail, on the second business day after deposit with the service. You may not send any notices under this Section to Browserling via e-mail.