BrowserPod Terms of Service

1. Overview

The following terms constitute a legal agreement between you and Leaning Technologies Limited ("Leaning Technologies," "we," or "us"), a company registered in the United Kingdom at Nexus, Discovery Way, Leeds, LS2 3AA, providing BrowserPod and related services (the "Services").

Your use of our Services is subject to these Terms of Service (these "Terms"). By using our Services, you acknowledge that you have read, understood and agree to be bound by these Terms and to comply with all applicable laws and regulations.

Leaning Technologies may revise these Terms and any other information contained within the Services. When we do, we will revise the "last updated" date given above. If we make a material change to the Terms, we will use commercially reasonable efforts to notify you through the Services at least thirty (30) days before the change takes effect. The updated Terms will apply from the effective date.

You agree that your continued use of our Services after such changes have been published will constitute your acceptance of such revised Terms. Leaning Technologies may also make improvements or changes in the Services at any time without notice.

2. Definitions

"BrowserPod" refers to the version of the Services (including the Personal and Pro subscription plans) offered by Leaning Technologies Limited on the browserpod.io website and its subdomains, specifically including, but not limited to, console.browserpod.io, rt.browserpod.io, browserportal.io, and other subdomains of the browserpod.io and browserportal.io domains.

"Leaning Technologies Content" refers to the text, photographs, videos, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Services, including the underlying proprietary technologies such as CheerpOS, which provides the Linux system call interface to WebAssembly programs running in the Browser.

"Your Website" and "Your application" refers to any of your websites, web applications or native applications that integrate BrowserPod via its API.

3. License to Use Our Services

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable license to use our Services. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Leaning Technologies retains ownership of the copyrights, trademarks, service marks, trade names, and other intellectual property and proprietary rights associated with the Services and the Leaning Technologies Content.

4. Privacy Policy

We care about data privacy and security. Our collection and use of this information is governed by our Privacy Policy, available at https://browserpod.io/browserpod-privacy-policy, which may be updated from time to time by Leaning Technologies.

By using our Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. We may collect registration, payment details, and other information about you through our Services ("Your Data").

Please be advised that Your Data is hosted on servers located in the European Union. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the European Union, then through your continued use of the Services, you are transferring your data to the European Union, and you expressly consent to have your data transferred to and processed in the European Union.

5. Restrictions and Acceptable Use

You must comply with all applicable laws when using our Services. You will not, and will not permit anyone else to, modify, reproduce, sell, reverse engineer, publicly display, or create derivative works based on the Services or any Leaning Technologies Content, except as expressly authorized in writing by Leaning Technologies. You may not use the Services in a manner that overburdens or threatens the integrity, performance, or availability of the Services.

Certain parts of our Services, including account management features, may be restricted to registered users or other authorized persons. You are entirely responsible for maintaining the confidentiality of your login credentials and your API keys.

You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you.

You agree that you are entirely responsible for the traffic generated by the end-users of Your Website or Your Application.

6. Free Services, Paid Services and Usage

The Services may be provided for free, or for a fee or other charge. If you elect to use paid aspects of the Services, you agree to the pricing and payment terms governed by the separate Product Pricing Policy, available at https://browserpod.io/browserpod-pricing-policy, which may be updated from time to time by Leaning Technologies.

Your subscription will continue and automatically renew unless cancelled by you. If you elect to use paid aspects of the Services, you agree to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge. The length of your billing cycle is monthly.

Leaning Technologies may add new services for additional fees and charges, or amend fees and charges for existing services, at any time and in its sole discretion. Any changes in fees or charges shall become effective in the billing cycle following notice of such change to you as provided in these Terms.

Access to the Services requires an API key. The Services may be provided for a fee or charge based on a subscription model and token consumption. All API keys are tied to the account plan and are subject to a global metering system.

You are responsible for ensuring all payment information provided is accurate, complete, and current. We may lock your account for non-payment at any time.

Customers with an active BrowserPod plan, including the BrowserPod Personal and Pro plans, may integrate BrowserPod on their website. Use of the BrowserPod API is strictly subject to the token consumption limits associated with their active subscription plan, as defined by the global metering system and further detailed in the separate Product Pricing Policy. Customers may not exceed these allocated usage limits (measured primarily by 'boots' or 'instance starts') without obtaining additional tokens or upgrading their license.

If you are using our Services under the BrowserPod Personal plan, this license includes the right to use our Services strictly for non-commercial purposes, as well as for technical evaluation, and does not allow resale or further distribution. Any application that integrates BrowserPod under the Personal plan must clearly display an attribution, including a visible link to our Site, and a logo of BrowserPod.

If you are using our Services under the BrowserPod Pro plan, this license includes the right to use our Services for commercial purposes.

Your right to use our Services is limited by all terms and conditions set forth in these Terms. Leaning Technologies retains ownership of the copyrights, trademarks, service marks, trade names, and other intellectual property and proprietary rights associated with the Services and the Leaning Technologies Content.

7. Cancellation and Refund Policy

All payments for the Services, including subscriptions and token purchases, are processed via third-party providers, such as Paddle. Your purchases are subject to Paddle's Checkout Buyer Terms, including their Consumer Right to Cancel provisions, available at https://www.paddle.com/legal/checkout-buyer-terms.

Given the nature of the Services, and to allow users to fully evaluate technical fit before committing to any expenditure, Customers are strongly encouraged to trial the BrowserPod Personal plan (which grants rights for technical evaluation) prior to making any subscription or token purchase.

Refund Policy for Initial Subscription Purchases:

If you purchase a new subscription to the BrowserPod Pro plan, you are eligible for a full refund within fourteen (14) days of the initial purchase date, provided that no tokens from the subscription have been consumed. To request a refund, you must contact us at [email protected] within the 14-day period. If any tokens have been used from your subscription, the subscription is no longer eligible for a refund.

Subscription Renewals:

Subscription renewals are not refundable. You may cancel your subscription at any time to prevent future renewals, but fees already paid for the current billing period are non-refundable.

Token Purchases:

Additional token purchases are non-refundable once processed.

You may cancel your subscription or cease using the Services at any time. We do not offer pro-rated refunds for cancellation prior to the end of a billing cycle. Delinquent accounts or accounts subject to chargebacks may also be charged with fees or charges incidental to the collection of such amounts.

8. Access, Suspension, and Termination

We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of the Services. We will provide you with 60 days' prior written notice of any intended suspension or termination of the Services.

We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your individual access to our Services at any time, for any reason (including a violation of these Terms), or for no reason, with or without prior notice, and without liability. Upon termination for any reason, you continue to be bound by these Terms.

If you choose to terminate the use of the Services or your account, you may send a written request to Leaning Technologies requesting the deletion of all data, content, or other material that you submitted, published, transmitted, or displayed through the Services.

9. Disclaimer of Warranties

Your use of the services and Leaning Technologies Content is at your sole risk. The Services are provided on an "as is" and "as available" basis. To the maximum extent permissible by law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

10. Limitation of Liability

Leaning Technologies, its affiliates, agents, employees, suppliers, and licensors will not be liable for any direct, indirect, incidental, punitive, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, use, data, or other intangible losses, resulting from your use of, or inability to use, our Services.

Under no circumstances will the total liability of us and our suppliers and licensors of all kinds arising out of or related to your use of the Services (including warranty claims) exceed the amounts, if any, that you have paid to us for your use of the Services in the twelve-month period immediately preceding the event giving rise to such claim or action.

11. Indemnity

You will indemnify and hold Leaning Technologies, its agents, employees, suppliers and licensors, and our respective affiliates and representatives, harmless from any costs, damages, expenses, and liability caused by your use of the Services, your violation of these Terms, or your violation of any rights of a third party through use of the Services.

In particular, you will indemnify and hold Leaning Technologies, its agents, employees, suppliers and licensors, and our respective affiliates and representatives, harmless from any costs, damages, expenses, and liability caused by the network traffic that the end-users of your website that integrates BrowserPod generate and transit through the BrowserPod network infrastructure.

12. Feedback

We may provide you with a mechanism to provide bug reports, feedback, and suggestions, if you choose, about our Services ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Services. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner and for any purpose, in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.

13. Governing Law

Enforcement of these Terms will be governed by the laws of England and Wales.

14. Dispute Resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Any dispute arising from the relationships between the Parties to these Terms shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Leeds, England, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of England and Wales.

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of such courts.

15. Contacting Us

If you have any questions or concerns about our Services or these Terms, you may contact us by email at [email protected].