Terms of service
Terms of service and usage policies for BrowserStack.
BrowserStack was created by, and is a Service of, BinaryLife Incorporated.
The following are terms of accessing and/or using the BrowserStack website and using the BrowserStack service. By accepting the terms of the Agreement below and/or using the service, you are stating that you agree to be bound by all terms without modification, conditions, or notices.
- FEES and SERVICES: BrowserStack offers a range of subscriptions, prepaid plans and free usage upon registration. Upon registration for free usage, credit card information is not required. Our all paid plans including subscriptions are available on monthly pre-paid, non-refundable contracts. All contracts will automatically renew for the same term using the payment method on file unless the client changes or discontinues the service. All service upgrades and downgrades are effective immediately. BrowserStack may change the applicable Fee Structure, at any time, at our sole discretion. We will use good faith efforts to notify you prior to effecting any significant change to the applicable Fee Structure. However, you are responsible for reviewing the applicable Fee Structure from time to time and remaining aware of any applicable discounts.
- MEMBER RESPONSIBILITIES: To register for the Service, you must complete the registration process by providing BrowserStack with current, complete and accurate information as required by the registration form. You are solely responsible for any use and all activities that occur under your account. You are responsible for safeguarding the confidentiality of your password(s) and user name(s) issued to you by BrowserStack and for any use or misuse of your account resulting from any third-party using a password or user name issued to you by BrowserStack. You agree to immediately notify BrowserStack of any unauthorized use of your account or any other breach of security known to you. You agree to let BinaryLife use your organization's logo in its customer list and at other places on its website (including but not limited to BrowserStack.com).
- LICENSING: BrowserStack testing plans allow a fixed number of licenses per plan as defined on the pricing page. Sharing of licenses / accounts is not allowed and each license / account is for an individual user. BrowserStack will not be responsible for activities that occur under an account in the event of the account being shared, and hold the right to cancel the account. Please refer to the Member Responsibilities above for more information regarding account confidentiality.
- INDEMNIFICATION: You agree to indemnify, hold harmless and defend BrowserStack, its contractors, its licensors, and their respective directors, officers, employees and agents, at your expense, from and against any and all third-party claims, actions, proceedings, and suits and expenses, including attorneys’ fees, arising from your use of the BrowserStack Tools, the Service, and the website, including but not limited to your violation of this Agreement.
- THIRD PARTIES: If you allow a third party access to the Service through your account, you shall ensure that said third party is bound by and abides by the terms of this Agreement. All provisions in this Agreement, including but not limited to warranty disclaimers, indemnity, limitations of liability, and proprietary rights, are applicable to the Third Party.
- DISCLAIMER OR WARRANTIES: The BrowserStack Service is provided ‘as is’. BrowserStack and its contractors hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither BrowserStack nor its contractors makes any warranty that the Client, Service, or website will be error free, free of viruses or other harmful components, or that access thereto will be continuous or uninterrupted. BrowserStack does not represent or warrant but will make commercially reasonable efforts to ensure that the services are uninterrupted or error-free, that defects will be corrected, or that the servers used for the services will be free of viruses or other harmful components. You understand that the use of The BrowserStack Service, and the website is at your own discretion and risk.
- LIMITATION OF LIABILITY: BinaryLife Incorporated will not be liable to you or any third-party claimant for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service and/or use of the the BrowserStack), or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if possible client, the has been advised of the possibility of such damages. The exclusion contained in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you. BinaryLife Incorporated's and its contractors' total cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed $1.
- SERVICE LEVELS: BrowserStack does not guarantee the Service will be operable at all times or during any down time, including but not limited to Internet Service Provider outages, equipment failures, scheduled maintenance, or force majeur.
- PROPRIETARY RIGHTS NOTICE: The Service, which includes but is not limited to all intellectually property rights in the Service, will always be the property of BrowserStack. You may use the BrowserStack Service subject to acceptance of the terms of this Agreement. You will not, nor will you, allow any third party to reverse engineer and/or create derivatives of the BrowserStack, using any method possible. You will not, nor will you, allow any third party to modify the BrowserStack in any way. You will use the BrowserStack Service solely for your commercial use and will not make the BrowserStack available for any type of external service such as, but not limited to, an application service provider.
- TERMINATION: The term of this Agreement shall commence on the Effective Date and shall continue until all Subscription Terms (including any renewals), unless terminated earlier, as expressly set forth herein. BrowserStack may terminate the Service and/or website access at any time: (i) if you materially breach any provision of this Agreement; or (ii) if you cease to do business, or otherwise terminate your business operations without a successor; or (iii) if you become insolvent or seek protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding; or (iv) if you are involved in any kind of system abuse or default of payment; or (v) if BrowserStack is required to do so by Law (for example, where the provision of the Services or Materials to you is, or becomes, unlawful). If you wish to terminate this Agreement or your service, you may simply stop using the service or stop accessing the website. However, although this agreement may terminate between BrowserStack and you, some provisions of this Agreement shall still be in effect, including, without limitation, warranty disclaimers, indemnity, limitations of liability, and proprietary rights.
- MODIFICATIONS: The BrowserStack Team reserves the right, at its sole discretion, to modify or replace any part of these terms. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the BrowserStack service or access to the BrowserStack website following the changes in these Terms constitutes acceptance of those changes.
- MISCELLANEOUS: BrowserStack shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement represents the complete agreement between you and BrowserStack concerning its subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent possible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of Delaware, U.S.A without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules and regulations, and American law shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Delaware, U.S.A. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without BrowserStack’s prior written consent and any such attempt is void. The relationship between BrowserStack and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns of the parties hereto.
CONFIDENTIALITY: BrowserStack undertakes not to disclose any confidential information provided by the clients to any person, unless such action is necessary to:
- Conform to legal requirements or comply with legal process
- Protect and defend BrowserStack's or its Affiliates' rights, interests or property
- Enforce the terms and conditions of the products or services; or
- Act to protect the interests of BrowserStack, its Affiliates, or its members, its constituents or of other persons.
BrowserStack will limit the collection and use of client information only on a need-to-know basis to deliver better service to the clients. Notwithstanding anything contrary herein, BrowserStack may use your organization's logo in its customer list and at other places on its website (including but not limited to BrowserStack.com).