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Effective date: March 8, 2026

These Terms of Service ("Terms") are a legally binding agreement between Browserling, Inc., a Delaware corporation with operations in California ("Browserling," "we," "us," or "our"), and you ("Customer," "you," or "your"), governing your access to and use of Browserling's websites, applications, remotely hosted browser environments, testing infrastructure, security sandbox capabilities, and related tools, infrastructure, APIs, or functionality that Browserling may provide from time to time (collectively, the "Services").

The Services provide remotely hosted browser environments, testing infrastructure, and security sandbox capabilities that allow users to interact with websites, applications, files, and other digital content in isolated environments. Browserling provides technical infrastructure that enables such interaction but does not originate, host, control, or provide the third-party content accessed through the Services and does not direct or participate in the activities performed by users within the Services.

By accessing or using the Services, creating an Account, or otherwise interacting with the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Your use of the Services is also subject to Browserling's Privacy Policy (available at browserling.com/privacy or as provided with this document package) and Data Processing Addendum ("DPA", available at browserling.com/dpa or as provided with this document package), which are incorporated into these Terms by reference.

1. Use & Access

You must be at least eighteen (18) years old and have the legal capacity to enter into a binding agreement in order to access or use the Services. By accessing or using the Services, you represent and warrant that you meet these requirements. The Services are not directed to persons under eighteen (18). If Browserling reasonably believes a user does not meet these requirements, Browserling may immediately suspend or terminate that user's access without notice.

2. Changes to these Terms of Service

2.1 General. Browserling may update or modify these Terms of Service from time to time in its discretion. When changes are made, Browserling will provide notice by posting the updated Terms of Service on the Services, by email, or by other reasonable means.

2.2 Free Plan. For the Free Plan, changes will become effective on the date specified in the updated Terms of Service. By continuing to access or use the Services after the effective date of the revised Terms of Service, you agree to be bound by the updated Terms of Service. If you do not agree to the revised Terms of Service, you must stop using the Services.

2.3 Paid Subscriptions. For paid Subscriptions, changes to these Terms of Service will not take effect during the then-current Subscription Term unless Customer expressly consents in writing (including by click-through or checkbox acceptance). Updated Terms of Service will apply automatically upon the commencement of Customer's next Subscription Term, including any automatic renewal under Section 7.1. If Customer does not agree to the updated Terms of Service, Customer may cancel its Subscription before the start of the next Subscription Term in accordance with Section 7.4, and the prior version of the Terms of Service will continue to govern through the end of the then-current Subscription Term. For clarity, Customer's renewal into a new Subscription Term after notice of updated Terms of Service constitutes acceptance of the updated Terms of Service for that renewal term and all subsequent terms.

2.4 Orders. Where Customer and Browserling enter into a mutually executed order form, statement of work, or other written purchasing document that references these Terms of Service (an "Order"), the Order will specify the applicable Services, Subscription Term, number of Authorized Users, fees, and any additional terms. In the event of a conflict between an Order and these Terms of Service (including any updated version), the Order controls to the extent set forth in Section 22 (Order of Precedence). Customer-issued purchase orders, invoices, or procurement documents do not constitute an Order, and any pre-printed or additional terms contained in such documents are void and of no effect, even if accepted or not objected to by Browserling. Online self-service purchases are governed by the terms presented at checkout and do not require a separate Order.

2.5 Emergency and Legal Compliance Changes. Notwithstanding the foregoing, Browserling may make changes to these Terms of Service effective immediately, including during a paid Subscription Term, to the extent reasonably necessary to comply with applicable law, regulation, court order, or government directive, or to address an imminent security, operational, or abuse-related risk to the Services or other customers. Browserling will provide notice of any such change as promptly as practicable and, if the change materially and adversely affects Customer's rights under a paid Subscription, Customer may terminate its Subscription within thirty (30) days of receiving notice of the change and receive a pro-rata refund of any prepaid fees attributable to the unused remainder of the then-current Subscription Term.

3. Services

3.1 What Browserling Provides. Browserling provides remote, isolated, ephemeral environments (including virtual browsers, operating systems, and related sandbox capabilities) designed to enable users to test and validate websites, web applications, and software behavior across different browser and platform environments, and to safely open and analyze untrusted or suspicious links, downloads, emails, attachments, and other content without running that activity directly on the user's local machine. The Services are software-as-a-service (SaaS), provided on a subscription basis (each, a "Subscription") for a set term designated at the time of purchase (each, a "Subscription Term"). The Services may include additional features such as session recording, automation, APIs, integrations, and related testing tools, as described in applicable documentation or at the time of purchase. Browserling may also offer access to the Services without charge, including through a free tier, trial, beta, evaluation, proof-of-concept, or promotional access (collectively, the "Free Plan"). The Free Plan is subject to the usage limits, feature restrictions, and other terms specified at the time of access or in applicable documentation, and may be modified, suspended, or discontinued at any time in accordance with Section 15.4.

3.2 Access to Services. You may access and use the Services for your internal business purposes, personal purposes, or in connection with legitimate professional services you provide to your clients (including without limitation managed security services, security operations, incident response, threat analysis, and consulting engagements), provided that in each case such use is in accordance with these Terms of Service and does not constitute resale, sublicensing, redistribution, or offering the Services themselves, in whole or in part, as a standalone product or competing service. Use of and access to the Services is permitted only by you or the number of users specified at the time of purchase ("Authorized Users"). Customer is responsible for ensuring that each Authorized User has reviewed and agreed to comply with the terms of these Terms of Service applicable to Authorized Users prior to accessing the Services. If there is more than one Authorized User, then you shall require that all Authorized Users keep all usernames, passwords, API keys, tokens, and other credentials associated with the Account strictly confidential and not share such information with any unauthorized person. You shall be responsible for any and all actions taken using your Accounts and Credentials, whether or not authorized by you, including activity by Authorized Users, contractors, or any third party who obtains access through your Credentials.

3.3 Ephemeral Sessions by Design. A core element of the Services is that each session is provisioned in an isolated environment and is architected to be ephemeral (temporary), with session content designed not to be persistently stored as part of normal service operation. All session data, browser state, cookies, local storage, and files within a session environment are generally destroyed following session termination or timeout. Notwithstanding the foregoing, the ephemeral nature of sessions reflects a design objective and operational characteristic of the Services, and not a representation or guarantee of deletion within any specific timeframe. Browserling may temporarily retain limited session-related information as necessary to operate, secure, troubleshoot, support, or investigate abuse of the Services, to comply with legal obligations, or as otherwise expressly permitted in these Terms of Service. Browserling makes no commitment to retain any data generated within a session, and if content is not exported during the session, it should be presumed unavailable. The Services are not intended to function as a storage, archival, backup, or persistence platform, and Browserling has no obligation to recover or retain session data that is not exported during a session.

3.4 No Guarantee of Containment. While the Services are designed to isolate and contain untrusted content, no sandbox, virtual machine, browser, hypervisor, filtering control, or security measure is perfect. The Services reduce risk; they do not eliminate risk. Customer is responsible for using the Services safely, including treating any materials exported from the Services as untrusted. The Services do not make determinations about the safety, legality, or appropriateness of any content, and Customer remains responsible for its own decisions and actions in reliance on the Services.

3.5 Infrastructure Provider; Limitation of Browserling's Role. Browserling provides technical infrastructure in the form of isolated, ephemeral, remotely hosted browser and sandbox environments. Browserling does not originate, initiate, direct, control, authorize, or participate in Customer's specific activities within any session and does not undertake to monitor or pre-approve the content, destinations, or activities accessed by Customer. Customer is solely responsible for ensuring that all activity conducted within the Services complies with all applicable federal, state, and international laws and regulations, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and equivalent laws in any jurisdiction in which Customer operates or accesses the Services. Nothing in these Terms of Service authorizes Customer to engage in any activity that constitutes unauthorized access to any computer, system, or network under applicable law. Browserling's provision, operation, and maintenance of the Services, including the network infrastructure through which the Services are delivered, constitutes Browserling's authorized use of its own systems. The fact that content accessed, executed, or analyzed by Customer within the Services may generate network traffic that traverses Browserling's infrastructure does not constitute Browserling's initiation, authorization, or facilitation of any access to third-party systems.

3.6 No Unauthorized Account Sharing; No Credential Resale. Credentials and Account access may not be shared beyond the scope authorized under your applicable plan. You may not: (a) permit the number of concurrent or total users accessing the Services under a single set of Credentials or a single Authorized User Account to exceed the limits specified in your applicable plan; (b) sell, resell, sublicense, transfer, or otherwise make available Credentials or Account access to any third party outside of your organization, whether for compensation or otherwise; or (c) use automated tools, scripts, or other mechanisms to circumvent session limits, concurrency limits, or other usage controls associated with your Account or plan. Where your plan expressly permits shared or team Accounts, use of such Accounts remains subject to the usage limits, concurrency limits, and Authorized User counts specified in the applicable plan, and you remain responsible for all activity under any shared Account. Violations of this Section 3.6 are a material breach of these Terms of Service and may result in immediate suspension or termination under Section 15.

3.7 Service Availability. Browserling will use commercially reasonable efforts to make the Services available. Notwithstanding the foregoing, the Services may be subject to scheduled and unscheduled downtime, and Browserling does not guarantee any specific level of availability, uptime, or performance. Unless Browserling and Customer have entered into a separate written agreement that expressly sets forth specific service level commitments for the Services (a "Service Level Agreement"), no service level commitments apply and the Services are provided on an "as available" basis. Where a Service Level Agreement exists, the remedies set forth in that Service Level Agreement (including any service credits) are Customer's sole and exclusive remedy for any failure to meet the applicable service levels. For the Free Plan, no service level commitments apply under any circumstances.

4. Security Sandbox Services

4.1 Nature of Security Sandbox Services. The Services include browser, application, and security sandbox functionality that is designed to allow the controlled execution and analysis of untrusted, suspicious, or malicious code, files, links, emails, attachments, websites, or other content in isolated environments (the "Security Sandbox Services").

4.2 Handling of Malicious or Harmful Content. Browserling is responsible for operating and maintaining the Security Sandbox Services and for its internal systems. You acknowledge and agree that the Security Sandbox Services inherently involve the handling of malicious or harmful content and that any results, outputs, files, screenshots, logs, reports, recordings, or other materials made available through the Services may contain, reflect, or be derived from such content.

4.3 Informational and Analytical Purposes Only. All outputs and results of the Security Sandbox Services are provided for informational and analytical purposes only. You are solely responsible for any use of the outputs or results outside the Services, including any decisions made or actions taken in reliance on them. Browserling does not guarantee that any content analyzed through the Services is safe, non-malicious, or free from risk, and the Services are not a substitute for independent security controls or professional judgment. Browserling is not responsible for any actions taken by malicious code, software, or content analyzed within the Security Sandbox Services, including any harm caused by such materials outside the Services.

4.4 No Detection, Classification, or Compliance Determinations. The Services provide isolated browser and sandbox infrastructure only. Browserling does not detect, classify, label, or determine whether any content, file, code, or website is malicious, lawful, safe, or appropriate, and does not provide threat verdicts, safety guarantees, or compliance determinations.

4.5 Exported Materials; Assumption of Risk. Any files, content, screenshots, logs, reports, recordings, or other materials downloaded, exported, copied, printed, or otherwise obtained from the Services (collectively, "Exported Artifacts") may contain malicious or harmful code.

• (a) Assumption of Risk. Customer assumes all risks associated with handling, storing, transferring, or executing such materials outside the Services.
• (b) No Responsibility for External Systems. Browserling is not responsible for any compromise, damage, or loss affecting Customer systems or third-party systems arising from exported materials.
• (c) Malware Content. Customer acknowledges that exported materials may constitute malware, malicious code, exploits, or other harmful software.
• (d) Restrictions on Distribution. Customer agrees not to distribute, transmit, publish, host, or otherwise make exported materials available to third parties except: (i) in connection with legitimate security research, defensive analysis, threat intelligence sharing, incident response, or investigation purposes; (ii) in connection with professional services that Customer provides to its clients as permitted under Section 3.2; (iii) to law enforcement, regulators, or government agencies in connection with a lawful investigation or legal process; or (iv) to threat intelligence platforms, information sharing organizations (such as ISACs or CERTs), or security vendors for defensive purposes. In each case, Customer shall handle and distribute exported materials in compliance with applicable law and remains solely responsible for any such distribution.
• (e) User Responsibility. Customer is solely responsible for any distribution or use of such materials outside the Services.
• (f) No Control After Export. Browserling has no control over and assumes no responsibility for any distribution, transmission, publication, or use of materials once they have been exported or obtained from the Services.
• (g) Download and Export Warning; Acknowledgment. Browserling may require Customer to review and affirmatively acknowledge a warning before using any download, export, copy-to-clipboard, or print functionality. Any such acknowledgment constitutes a binding affirmation that Customer understands exported materials may contain malware, exploits, or other harmful code, that sandbox protections do not extend beyond the session, and that Customer assumes all associated risks. Browserling may log and retain any such acknowledgment as evidence of Customer's acceptance of these risks.

4.6 Responsibility for External Execution. Browserling provides isolated environments for the execution and analysis of content within the Services only. Browserling does not create, modify, deploy, transmit, or execute any code, files, or content outside the Services. Any use, deployment, testing, or execution of materials obtained from the Services outside the Services, including on Customer systems, third-party systems, or client environments, is solely the responsibility of the Customer.

4.7 Autonomous Behavior of Analyzed Content. Content executed within the Security Sandbox Services may autonomously generate network activity, including outbound connections and communications with external systems, as part of its inherent behavior. Such activity is generated solely by the analyzed content and not by Browserling, and may be subject to filtering, blocking, or other network controls implemented by Browserling.

4.8 Infrastructure Authorization; No Facilitation of Unauthorized Access. Browserling operates the Security Sandbox Services on its own infrastructure and authorizes the use of that infrastructure for the purposes described in these Terms of Service. Network activity generated by content analyzed within the Security Sandbox Services, including outbound connections, DNS queries, API calls, data transmissions, or other communications initiated autonomously by such content, traverses Browserling's network infrastructure as a necessary and expected consequence of operating an execution-based analysis environment. Such network activity does not constitute Browserling's access to, or facilitation of access to, any third-party system, network, or resource within the meaning of the Computer Fraud and Abuse Act (18 U.S.C. § 1030) or any equivalent federal, state, or international law. Browserling does not direct, control, target, or select the destinations of such network activity, and the routing of such traffic through Browserling's infrastructure does not create any agency, partnership, joint venture, or co-actor relationship between Browserling and any Customer with respect to such activity.

4.9 Ownership of Exported Artifacts. As between the parties, all Exported Artifacts are the property of Customer upon export from the Services and constitute Customer Data for all purposes under these Terms of Service, including Section 10 (Your Data), Section 12 (Confidentiality), and the DPA. For the avoidance of doubt, Customer's ownership of Exported Artifacts is subject to: (a) any intellectual property or other rights of third parties in the underlying content (including rights of the originators of any code, files, websites, or other materials from which the Exported Artifacts are derived); and (b) Customer's ongoing obligations under these Terms of Service, including the risk allocation, restrictions on distribution, and indemnification obligations set forth in Sections 4.5, 4.6, and 18. Nothing in this Section 4.9 grants Customer any rights in Browserling's intellectual property, infrastructure, technology, or proprietary systems used to generate or deliver the Exported Artifacts.

4.10 Third-Party Communications Arising from Analyzed Content. Network activity described in Sections 4.7 and 4.8 may result in abuse complaints, blocklist actions, DMCA takedown notices, law enforcement inquiries, subpoenas, civil investigative demands, regulatory requests, or other third-party communications directed to Browserling. Browserling may receive, review, and respond to any such communications in its discretion, including by providing session-related metadata (such as timestamps, source IP addresses, user agent information, and Account identifiers) to the extent required by applicable law, legal process, or as Browserling reasonably determines is necessary to operate and protect the Services. Browserling's response to such communications, including any disclosure of session metadata or Account information, does not constitute a breach of these Terms of Service, the confidentiality obligations set forth in Section 12, or any other obligation of Browserling under these Terms of Service or the DPA, provided that Browserling will use commercially reasonable efforts to notify Customer before disclosing Customer-specific information in response to such communications, except where prior notice is prohibited by law or legal process, or where the communication relates to activity that Browserling reasonably believes poses an imminent risk to the Services, other customers, or third parties.

5. License to Access the Services

Subject to your compliance with these Terms of Service and, for paid Subscriptions, payment of applicable fees, Browserling grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for the purposes permitted under Section 3.2.

You may not resell, sublicense, distribute, or otherwise make the Services available to third parties as a standalone product or competing service except as expressly permitted in these Terms of Service.

The Services, including all software, technology, documentation, interfaces, and related materials, are protected by intellectual property laws and remain the exclusive property of Browserling or its licensors. Except for the limited license expressly granted in these Terms of Service, no rights are granted to you by implication, estoppel, or otherwise.

All trademarks, trade names, service marks, logos, and branding associated with the Services are the property of Browserling or its licensors. You may not use Browserling's trademarks or branding without prior written permission except as necessary to identify your authorized use of the Services.

6. Your Account, Username and Passwords

In order to access certain features of the Services, you may be required to create an account ("Account"). When creating an Account, Browserling may require you to provide certain information, such as your name, email address, or other contact information, or you may authenticate through a third-party authentication provider using that provider's authentication mechanisms.

You are responsible for maintaining the confidentiality of your username, password, API keys, tokens, and any other credentials associated with your Account ("Credentials"). You are solely responsible for all activity conducted through your Account and Credentials, whether or not such activity is authorized by you.

You agree to immediately notify Browserling at security@browserling.com if you become aware of any unauthorized use of your Account, any compromise of your Credentials, or any other security breach related to the Services.

You may not share, transfer, or disclose your Credentials to any person except as permitted under your applicable plan and in accordance with Section 3. Browserling is not responsible for any loss or damage arising from your failure to maintain the confidentiality or security of your Credentials.

Browserling may suspend or disable any Account if it reasonably believes the Account has been compromised or used in violation of these Terms of Service. Browserling may also require you to change your Credentials or take other security measures if Browserling reasonably believes your Account may be at risk.

7. Subscription Fees

7.1 Your Subscription Term and Renewals. Unless otherwise specified at the time of purchase, your Subscription will automatically renew at the end of the applicable Subscription Term for successive terms of the same length. Renewal charges will be billed at the then-current price for the applicable plan unless otherwise disclosed at the time of purchase. You may cancel your Subscription at any time in accordance with Section 7.4.

7.2 Fees; Payment; Refunds. 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.

• (a) Self-Service Online Purchases. If you purchased a paid Subscription through Browserling's online self-service checkout, you may request a full refund within thirty (30) days of the date of your initial purchase by contacting Browserling support. Refunds under this paragraph are available only for the initial purchase of a new subscription and do not apply to subscription renewals, plan upgrades or downgrades, add-on purchases, or usage-based charges. If a refund is issued, your access to the applicable paid Services will be terminated upon processing of the refund.
• (b) Order Form, Purchase Order, and Invoice Purchases. Fees paid pursuant to an Order, or pursuant to an invoice, purchase order, or other non-self-service purchasing arrangement, are non-refundable, except as expressly provided in Section 15.2. Refund, termination-for-convenience, or early termination terms, if any, are solely as set forth in the applicable Order.
• (c) Free Plan. No fees are charged for the Free Plan and no refund obligation arises with respect to the Free Plan.
• (d) General. You are responsible for paying all applicable sales, use, value-added (VAT), goods and services (GST), withholding, and similar taxes or levies imposed by any domestic or foreign taxing authority in connection with your purchase or use of the Services, excluding taxes based on Browserling's net income. Any late payments shall be subject to a service charge equal to 1.0% per month of the amount due or the maximum amount allowed by law, whichever is less.

7.3 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.

7.4 Cancellation. You may cancel your Subscription at any time through your Account settings or by contacting Browserling support. To avoid renewal charges for the next Subscription Term, cancellation must be completed at least twenty-four (24) hours prior to the start of the next renewal period. Unless otherwise expressly stated in writing by Browserling, cancellation will be effective at the end of the then-current Subscription Term, and you will continue to have access to the Services through the end of that Subscription Term. Refund rights, if any, are governed solely by Section 7.2 and, for Order-based purchases, by the terms of the applicable Order.

8. Code of Conduct

Browserling provides infrastructure and tools that enable you to access, analyze, and interact with websites, systems, applications, files, and other digital content within isolated environments. Browserling authorizes you to use the Services themselves in accordance with these Terms of Service, but this authorization extends only to Browserling's own infrastructure and does not constitute authorization to access, test, scan, probe, or interact with any third-party system, website, application, or network. Where access to a third-party system requires authorization from its owner or operator, you are solely responsible for obtaining such authorization before using the Services to interact with that system.

While using any of the Services, including any websites, URLs, files, attachments, code, or other content accessed, uploaded, submitted, or analyzed through the Services (collectively, "Submissions"), you agree to not:

• (a) Use the Services as attack infrastructure. You may not use the Services to launch, conduct, or facilitate attacks against third-party systems, networks, or users, or to deliver, distribute, or deploy malicious software, exploits, or other harmful content to any system or person outside the Services. For the avoidance of doubt, analyzing, executing, observing, or exporting potentially malicious content within or from an isolated session for defensive, research, investigative, or analytical purposes does not constitute a prohibited use under this clause.
• (b) Attack or compromise the Services. You may not attempt to escape the isolated session environment, target or probe Browserling's infrastructure, disrupt other customers' sessions, or bypass, disable, or interfere with the security controls, access restrictions, or operational boundaries of the Services, except under an express written authorization from Browserling (such as participation in a vulnerability disclosure or bug bounty program).
• (c) Access third-party systems without authorization. You may not use the Services to gain unauthorized access to any system, network, account, or data that you do not own or do not have lawful authorization to access. For the avoidance of doubt, accessing publicly available websites, resources, and content within isolated sessions does not require separate authorization under this clause.
• (d) Abuse the platform. You may not use the Services to send or facilitate unsolicited or unauthorized spam, phishing, fraud, or other deceptive communications; as a proxy or circumvention tool to bypass access controls, authentication requirements, or content filtering on third-party systems except in connection with legitimate testing, analysis, investigation, or security research; or for any purpose that is primarily unrelated to browsing, testing, analysis, research, or security.
• (e) Reverse engineer or misappropriate the Services. You may not reverse engineer, decompile, disassemble, or create derivative works of any portion of the Services, except to the extent expressly permitted by applicable law; use any automated system, bot, scraper, or similar technology to extract data from the Services except through officially supported APIs; or access the Services to build or benchmark a competing product or service.
• (f) Violate applicable law. You may not use the Services in any manner that violates applicable law, including any applicable export control, sanctions, or trade compliance laws or regulations.

Consequences of Violation. If Browserling reasonably believes that you have violated this Section 8, Browserling may suspend or restrict your access to the Services, or terminate your Account in accordance with Section 15. In determining whether a violation has occurred, Browserling will consider the nature of the Services and the possibility that the activity may be consistent with legitimate security, research, or testing purposes. Browserling will use commercially reasonable efforts to notify you before taking action, except where the activity poses an imminent risk to the Services, other customers, or third parties. Customer may contact Browserling to dispute any action taken under this paragraph, and Browserling will review such disputes in good faith.

Questions About the Code of Conduct. If you are uncertain whether a particular activity is permitted under this Section 8, or if you would like to discuss a proposed use of the Services for security testing, research, or analysis, you may contact Browserling at security@browserling.com. Browserling will make reasonable efforts to respond and provide guidance, but any guidance provided does not constitute authorization to access or interact with any third-party systems without the permission of their owner or operator.

9. Third-Party Content and Services

The Services may contain links to third-party websites, services, platforms, or integrations ("Third-Party Services"). These Third-Party Services are provided for convenience only and are not owned or controlled by Browserling.

Browserling does not endorse, operate, control, or assume responsibility for any Third-Party Services or any content, products, services, or materials available through them. Your access to and use of any Third-Party Services is solely at your own risk and is subject to the terms and policies of the applicable third party.

Browserling is not responsible or liable, directly or indirectly, for any loss, damage, or harm arising from or related to your access to or use of any Third-Party Services.

10. Your Data

10.1 Your Data Generally. "Customer Data" means: (a) any data, content, files, URLs, attachments, or other materials provided, uploaded, submitted, or transmitted by you or your Authorized Users to or through the Services; (b) Exported Artifacts, as and when they constitute Customer Data in accordance with Section 4.9; and (c) any other information associated with your Account that you provide to Browserling in connection with the Services. For the avoidance of doubt, data that exists only within an ephemeral session and is not exported from the Services is session content subject to Section 3.3 and is not Customer Data. Customer Data does not include operational data that Browserling collects and processes independently to operate, secure, and improve the Services (such as system logs, telemetry, infrastructure performance data, and aggregated or de-identified usage analytics).

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.

10.2 Rights in Your Data. As between the parties, Customer retains all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Subject to the terms of these Terms of Service, Customer grants Browserling a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, royalty-free right to use, copy, store, transmit, process, and display Customer Data solely to the extent necessary to provide, operate, secure, and support the Services. To the extent Customer Data includes Personal Data subject to applicable data protection laws, Browserling's processing of such Personal Data is governed by the DPA.

10.3 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 the Services or may be referred back to you for resolution and Browserling shall have no responsibility for any related impact on the applicable service.

10.4 Storage of Your Data. Browserling does not provide an archiving service. Browserling expressly disclaims all obligations with respect to storage.

10.5 No Monitoring Obligation. Browserling has no general obligation to monitor, review, screen, or analyze Customer Data, Submissions, or use of the Services for legality, safety, accuracy, or compliance, except as necessary to operate and secure the Services or as required by applicable law.

10.6 Security Incident Notification. If Browserling becomes aware of a confirmed security incident that results in unauthorized access to, or unauthorized acquisition of, Customer Data in Browserling's possession or control (a "Security Incident"), Browserling will notify Customer without undue delay after confirmation of the Security Incident. Such notice will include, to the extent reasonably known at the time, a description of the nature of the Security Incident, the categories of Customer Data affected, and the measures taken or proposed to address and mitigate the incident; Browserling may provide information in phases as it becomes available. Browserling will take commercially reasonable steps to contain, investigate, and remediate the Security Incident and will reasonably cooperate with Customer in connection with Customer's compliance obligations under applicable law. Browserling's obligations under this Section do not apply to incidents attributable to Customer's or its Authorized Users' acts or omissions, Customer's systems or credentials, or third-party services not controlled by Browserling. To the extent a Security Incident involves Personal Data processed by Browserling on Customer's behalf as a processor or service provider, the notice and cooperation obligations set forth in the DPA will apply and will control in the event of a conflict with this Section.

10.7 Feedback. If Customer provides suggestions, ideas, enhancement requests, or other feedback regarding the Services ("Feedback"), Customer grants Browserling a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, create derivative works of, distribute, sublicense, and incorporate Feedback into any product or service, without restriction or compensation. To the extent any Feedback cannot be licensed as set forth above under applicable law, Customer hereby irrevocably assigns to Browserling all right, title, and interest in and to such Feedback, including all intellectual property rights therein. Browserling's rights in Feedback extend to the ideas, concepts, and functional suggestions contained therein, and not to any Customer Confidential Information incidentally included in a Feedback submission; any such Confidential Information remains subject to Section 12.

10.8 Aggregate and De-Identified Data. Browserling may generate, collect, use, and retain aggregated, de-identified, or anonymized data derived from Customer's use of the Services, including usage patterns, threat telemetry, session metadata, and operational analytics ("Aggregate Data"). Aggregate Data will not reasonably identify Customer or any individual. Browserling may use Aggregate Data for any lawful business purpose, including product improvement, security research, threat intelligence, benchmarking, and industry analysis, during and after the Subscription Term. As between the parties, Aggregate Data is not Customer Data and is owned by Browserling.

11. Data Processing Addendum

11.1 Roles of the Parties. To the extent Browserling processes Personal Data (as defined in the DPA) on Customer's behalf that is subject to applicable data protection laws, Customer acts as the data controller (or business), and Browserling acts as the data processor (or service provider).

11.2 Incorporation of DPA. The Data Processing Addendum ("DPA"), available at browserling.com/dpa or as provided with this document package, automatically applies to such processing and is incorporated into and forms part of these Terms of Service by reference. The DPA does not require separate execution and applies by default upon Customer's acceptance of or use of the Services.

11.3 Precedence. In the event of a conflict between these Terms of Service and the DPA, the DPA controls solely with respect to data processing obligations required by applicable data protection laws, and these Terms of Service control in all other respects.

11.4 Limitation of Liability. Nothing in the DPA expands Browserling's liability beyond the limitations set forth in these Terms of Service.

12. Confidentiality

12.1 Definition of Confidential Information. "Confidential Information" means any non-public information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, technical information, product designs, software, security architecture, research, business plans, pricing, and non-public product features.

Customer Confidential Information includes Customer Data and any non-public information provided by Customer in connection with the Services. Browserling Confidential Information includes the Services, software, sandbox architecture, security mechanisms, pricing, and non-public documentation.

12.2 Exclusions. Confidential Information does not include information that the Receiving Party can demonstrate:

• (a) is or becomes publicly available without breach of these Terms;
• (b) was known to the Receiving Party prior to disclosure;
• (c) is independently developed without use of the Confidential Information; or
• (d) is rightfully obtained from a third party without restriction.

12.3 Obligations. The Receiving Party will:

• (a) use Confidential Information solely to perform its obligations or exercise its rights under these Terms;
• (b) protect Confidential Information using reasonable administrative, technical, and organizational safeguards;
• (c) not disclose Confidential Information to any third party except to employees, contractors, advisors, or service providers who have a legitimate need to know and who are bound by confidentiality obligations; and
• (d) promptly notify the Disclosing Party upon becoming aware of any unauthorized disclosure or use of Confidential Information.

12.4 Free Plan. For users accessing the Services under the Free Plan, the confidentiality obligations in this Section 12 apply only to Browserling Confidential Information. Browserling's handling of Customer Data provided by such users is governed solely by the Privacy Policy and, where applicable, the Data Processing Addendum.

12.5 Required Disclosures. The Receiving Party may disclose Confidential Information if required by law, regulation, or court order, provided that (to the extent legally permitted) the Receiving Party gives prompt notice to the Disclosing Party to allow the Disclosing Party to seek protective treatment.

12.6 Duration. The confidentiality obligations in this Section will remain in effect during the period in which Customer has access to the Services and for five (5) years thereafter; provided that obligations with respect to Confidential Information constituting a trade secret under applicable law will continue for so long as such information remains a trade secret. Customer Data will remain protected in accordance with applicable law and the Privacy Policy.

12.7 Return or Destruction. Upon written request of the Disclosing Party, the Receiving Party will promptly return or destroy the Disclosing Party's Confidential Information, except for copies required to be retained by applicable law, regulation, or legal hold, or maintained in routine backup or archival systems. Any retained Confidential Information remains subject to the obligations of this Section 12 for so long as it is retained.

13. 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. For paid Subscriptions, if Browserling permanently discontinues a material portion of the Services during a paid Subscription Term, Browserling will provide at least ninety (90) days' advance notice and the refund provisions of Section 15.2 will apply. For the Free Plan, Browserling may modify, suspend, or discontinue the Services at any time without notice, liability, or obligation of any kind.

14. Claims of Copyright Infringement

14.1 DMCA Policy. 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.

14.2 Required Contents of Notice. If you believe in good faith that materials hosted by Browserling infringe your copyright (for example, materials posted by a user on our public forums), 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:

• (a) 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;
• (b) 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;
• (c) Your name, address, telephone number and email address (if available);
• (d) The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
• (e) 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
• (f) 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.

14.3 Defective Notices. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice will not be valid.

14.4 Submission of Notices. You must submit any notification of an alleged copyright infringement to Browserling's DMCA Agent by email at legal@browserling.com.

15. Termination

15.1 Termination for Cause by Browserling. Browserling may suspend or terminate your Account and access to the Services immediately upon written notice if: (a) you breach any material provision of these Terms of Service (including the Code of Conduct, payment obligations, or restrictions on Account sharing or Credential use) and, where such breach is capable of cure, fail to cure such breach within thirty (30) days after written notice; (b) you fail to pay any undisputed fees when due and do not cure such non-payment within fourteen (14) days after written notice; (c) Browserling reasonably believes your Account has been compromised or is being used in a manner that poses an imminent risk to the Services, other customers, or third parties; or (d) continued provision of the Services to you would violate applicable law. Where Browserling terminates under clause (c), Browserling will use commercially reasonable efforts to notify you promptly and will review any dispute in good faith. Termination for cause does not relieve Customer of its obligation to pay fees accrued through the effective date of termination.

15.2 Termination for Convenience by Browserling. Browserling may terminate your Account or any paid Subscription for convenience upon thirty (30) days' prior written notice. If Browserling terminates a paid Subscription for convenience under this Section 15.2, Browserling will refund to Customer a pro-rata portion of any prepaid fees attributable to the unused remainder of the then-current Subscription Term following the effective date of termination. No refund is due for termination of the Free Plan.

15.3 Termination for Convenience by Customer. Customer may cancel its Subscription in accordance with Section 7.4. Unless otherwise expressly agreed in an applicable Order, cancellation by Customer is effective at the end of the then-current Subscription Term, and no refund of prepaid fees is due except as set forth in Section 7.2.

15.4 Termination of Free Plan. Browserling may suspend, modify, or terminate the Free Plan at any time, for any reason or no reason, with or without notice, and without liability.

15.5 Age; Inaccurate Information. If Browserling reasonably believes that a user is under eighteen (18) years of age, Browserling may immediately suspend or terminate the user's Account without prior notice, as continued provision of the Services would be inconsistent with Section 1 and applicable law. If Browserling reasonably believes that information provided in connection with an Account is materially untrue, inaccurate, or fraudulent, Browserling may suspend the Account and require correction. If the information is not corrected within fourteen (14) days of notice from Browserling, or if the inaccuracy is fraudulent in nature, Browserling may terminate the Account without further notice.

15.6 Effect of Termination. Upon termination or expiration of these Terms of Service for any reason, your right to access and use the Services immediately ceases. Browserling may delete your Account and any associated Customer Data at any time following termination, without obligation to retain, return, or migrate any data, and without liability for such deletion. Customer remains liable for all fees accrued prior to the effective date of termination. Any refund obligations arising from termination are governed by this Section 15, Section 7.2, and Section 18.3, as applicable. To the extent Customer Data includes Personal Data subject to applicable data protection law, Browserling's post-termination obligations with respect to such data are governed by the DPA.

16. Disclaimers

16.1 SERVICES PROVIDED "AS IS". THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BROWSERLING AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

BROWSERLING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF DEFECTS, THAT ANY ISSUES WILL BE CORRECTED, OR THAT THE SERVICES OR UNDERLYING INFRASTRUCTURE WILL MEET CUSTOMER'S REQUIREMENTS OR EXPECTATIONS.

16.2 No Security or Safety Guarantees. The Services provide remotely hosted browser environments, testing infrastructure, and security sandbox capabilities designed to enable the controlled interaction with untrusted websites, files, downloads, emails, attachments, or other content. While the Services are designed to isolate and reduce risk associated with such activity, Browserling does not guarantee that any content accessed, executed, or analyzed through the Services is safe, non-malicious, lawful, or free from harmful behavior.

The Services provide isolated infrastructure for analysis and testing only and do not provide malware detection, threat verdicts, or security guarantees. Browserling does not determine whether any content is malicious, safe, or appropriate. Any analysis results, session outputs, screenshots, recordings, logs, or other materials generated through the Services are provided for informational and analytical purposes only.

16.3 Customer Responsibility for Use of Results. Customer is solely responsible for evaluating and determining how to use the Services and any outputs or results obtained from the Services. Browserling does not warrant that results generated through the Services will be accurate, complete, or suitable for any particular purpose, including security investigations, compliance decisions, forensic analysis, or operational decision-making.

Customer assumes all risks associated with accessing untrusted or suspicious content through the Services and with any handling, storage, transfer, or execution of materials exported or obtained from the Services outside the Services.

16.4 Third-Party Content and External Systems. The Services enable Customer to access or interact with third-party websites, systems, networks, applications, files, and content. Browserling does not control, operate, or endorse such third-party content or systems and makes no representations or warranties regarding their safety, legality, reliability, or availability. Customer's interaction with any third-party systems through the Services is at Customer's own risk.

16.5 No Professional Advice. Any information or outputs made available through the Services are provided for informational purposes only and do not constitute security advice, legal advice, compliance advice, or professional services. Customer is responsible for obtaining independent professional advice where appropriate.

16.6 Scope of Disclaimers. The disclaimers in this Section apply to the maximum extent permitted by applicable law and form an essential part of the allocation of risk between the parties under these Terms of Service.

17. Limitation of Liability

17.1 Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BROWSERLING OR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, OR DATA (INCLUDING CUSTOMER DATA), OR FOR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BROWSERLING WILL HAVE NO LIABILITY FOR: (A) ANY ACTS, OMISSIONS, OR BEHAVIOR OF THIRD-PARTY WEBSITES, SYSTEMS, NETWORKS, APPLICATIONS, OR SERVICES ACCESSED THROUGH THE SERVICES; (B) ANY MALICIOUS CODE, MALWARE, EXPLOITS, OR OTHER HARMFUL CONTENT ANALYZED, EXECUTED, OR ACCESSED THROUGH THE SERVICES; (C) ANY FILES, CONTENT, OR MATERIALS DOWNLOADED, EXPORTED, COPIED, PRINTED, OR OTHERWISE OBTAINED FROM THE SERVICES (INCLUDING ANY EXPORTED ARTIFACTS), INCLUDING ANY DOWNSTREAM USE, TRANSFER, DISTRIBUTION, DISCLOSURE, EXECUTION, OR STORAGE OF SUCH MATERIALS OUTSIDE THE SERVICES.

17.2 Liability Cap. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• (a) Paid Services. EXCEPT AS PROVIDED IN SECTION 17.2(b), BROWSERLING'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES, INCLUDING ANY LIABILITY ARISING FROM OR RELATING TO BROWSERLING'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 18.3, WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY CUSTOMER TO BROWSERLING FOR THE APPLICABLE PAID SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE ACT OR OMISSION GIVING RISE TO THE CLAIM.
• (b) Free Plan. FOR THE FREE PLAN, BROWSERLING'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE FREE PLAN WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

17.3 Basis of the Bargain. THE PARTIES ACKNOWLEDGE THAT THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY IN THESE TERMS OF SERVICE REFLECT A REASONABLE ALLOCATION OF RISK AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. CUSTOMER ACKNOWLEDGES THAT BROWSERLING WOULD NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

17.4 Non-Excludable Liability. NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES LIABILITY TO THE EXTENT SUCH LIMITATION OR EXCLUSION IS PROHIBITED BY APPLICABLE LAW.

18. Indemnification

18.1 Indemnification by Customer. Customer will defend, indemnify, and hold harmless Browserling and its affiliates, and each of their respective officers, directors, employees, contractors, agents, and representatives (collectively, the "Browserling Indemnified Parties") from and against any and all third-party claims, demands, actions, proceedings, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• (a) Customer Data, Submissions, or Customer's access to or use of the Services, including Exported Artifacts, and including any downstream transfer, distribution, transmission, disclosure, execution, reliance upon, storage, analysis, modification, publication, hosting, or other use of Exported Artifacts outside the Services by Customer, any Authorized User, or any third party;
• (b) Customer's or its Authorized Users' violation of applicable law or regulation;
• (c) Customer's or its Authorized Users' violation of these Terms of Service (including any violation of the Code of Conduct or any restrictions on Account sharing, Credential use, or prohibited uses);
• (d) allegations that Customer Data, Submissions, or other materials provided, uploaded, transmitted, or accessed by Customer or its Authorized Users through the Services infringe, misappropriate, or otherwise violate a third party's rights; or
• (e) third-party claims arising out of or relating to Customer's services, products, reports, or deliverables that incorporate, rely on, are derived from, or are provided in connection with the Services or any Exported Artifacts.

18.2 Customer Indemnification Process. Browserling will: (a) promptly notify Customer in writing of any claim for which Browserling seeks indemnification under this Section 18 (provided that failure to provide prompt notice will relieve Customer of its indemnification obligations only to the extent Customer is materially prejudiced); (b) provide reasonable cooperation in the defense of the claim at Customer's expense; and (c) allow Customer to control the defense and settlement of the claim. Customer may not settle any claim in a manner that imposes any obligation on, or includes any admission of liability by, any Browserling Indemnified Party without Browserling's prior written consent, which will not be unreasonably withheld or delayed.

18.3 Indemnification by Browserling. Browserling will defend Customer against any third-party claim alleging that the Services, solely with respect to Services provided under a paid Subscription during the applicable Subscription Term giving rise to the claim, as provided by Browserling and used by Customer in accordance with these Terms of Service, directly infringe any valid United States copyright or trademark of such third party (excluding patents) (an "IP Claim"), and Browserling will indemnify Customer against any damages finally awarded by a court of competent jurisdiction or agreed to in a settlement approved in writing by Browserling that are attributable to such IP Claim.

This Section 18.3 does not apply to any IP Claim arising from or relating to: (a) Customer Data, Submissions, Third-Party Services, third-party content, or Exported Artifacts; (b) use of the Services in combination with products, services, systems, or data not provided by Browserling; (c) modifications to the Services not made by Browserling; (d) use of the Services in violation of these Terms of Service or applicable law; (e) use of the Services outside the scope of the rights granted under these Terms of Service; or (f) the Free Plan.

If the Services are held to infringe, or Browserling reasonably believes they may infringe, Browserling may, at its option and expense: (i) procure the right for Customer to continue using the affected Services; (ii) modify the affected Services to be non-infringing while maintaining substantially equivalent functionality; (iii) replace the affected Services with a non-infringing alternative with substantially similar functionality; or (iv) if none of the foregoing options are commercially reasonable, terminate Customer's access to the affected Services and refund any prepaid fees for the unused portion of the applicable Subscription Term attributable to the terminated Services.

This Section 18.3 states Browserling's entire liability and Customer's exclusive remedy for any claim that the Services infringe or misappropriate any intellectual property right.

18.4 Browserling Indemnification Process. Customer will: (a) promptly notify Browserling in writing of any IP Claim (provided that failure to provide prompt notice will relieve Browserling of its indemnification obligations only to the extent Browserling is materially prejudiced); (b) provide reasonable cooperation in the defense of the IP Claim at Browserling's expense; and (c) allow Browserling to control the defense and settlement of the IP Claim. Browserling may not settle any IP Claim in a manner that admits liability on behalf of Customer or imposes any obligation on Customer (other than payment of money for which Browserling is responsible under this Section) without Customer's prior written consent, which will not be unreasonably withheld or delayed.

18.5 Relationship to Limitation of Liability. Browserling's indemnification obligations in this Section 18 are subject to the limitations of liability set forth in Section 17, to the maximum extent permitted by applicable law.

19. Statute of Limitations

To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to the Services, the Customer Data, these Terms of Service, or any document incorporated by reference must be brought within one (1) year after the claim or cause of action first arises. If a claim is not brought within this period, it is permanently barred.

This limitation period applies to the maximum extent permitted by applicable law and does not apply where a longer period is required by non-waivable law.

20. Governing Law; Dispute Resolution

These Terms of Service, and any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Services, Customer Data, the Privacy Policy, the Data Processing Addendum, or any document incorporated by reference, will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law principles.

Except for claims that may be brought in small claims court or claims seeking injunctive or equitable relief, any dispute arising out of or relating to these Terms of Service or the Services will be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules. The arbitration may be conducted by telephone, online, or based solely on written submissions unless the parties agree otherwise.

Either party may bring an individual claim in small claims court in a court of competent jurisdiction.

The parties agree that any arbitration or court proceeding will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action.

Any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Santa Clara County, California, and the parties irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection based on improper venue or inconvenient forum.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES.

21. Notices

All notices required or permitted under these Terms of Service must be in writing and will be deemed given:

• upon personal delivery;
• when sent by email to the designated notice email address of the receiving party, provided no automated delivery failure notice is received;
• two (2) business days after being sent by nationally recognized overnight courier; or
• four (4) business days after being sent by certified or registered mail, return receipt requested.

Notices to Customer will be sent to the contact information specified in the applicable Order or associated with Customer's Account.

Notices to Browserling must be sent to: legal@browserling.com.

Either party may update its notice information by providing written notice in accordance with this Section.

For clarity, routine operational communications, billing notices, service updates, product announcements, and other day-to-day communications may be provided electronically through the Services or via email and will be effective when sent, and do not constitute formal legal notice unless expressly stated.

Security Notices. Notwithstanding the foregoing, notices relating to security incidents, suspected unauthorized access, Account compromise, Credential security concerns, or abuse of the Services should be directed to Browserling's security team at security@browserling.com. Security notices sent to this address will be treated as received upon confirmation of delivery and do not require the formalities set forth above. For clarity, security@browserling.com is designated for security-related communications only and does not constitute a valid address for formal legal notices under this Section, which must be sent to legal@browserling.com.

22. Miscellaneous

Severability. If any provision of the Terms of Service is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

Assignment. You may not assign, transfer, or sublicense these Terms of Service without the prior written consent of Browserling. Browserling may assign or transfer these Terms of Service without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

Waiver. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

Compliance with laws; Legal Process. Browserling's performance of the Terms of Service is subject to existing laws and legal process, and nothing contained in the Terms of Service is in derogation of Browserling's right to comply with governmental, court, and law enforcement requests or requirements relating to your access and/or use of the Services or the Customer Data and including the Services available on or through any Third-Party Services, or information provided to or gathered by Browserling with respect to such access and/or use.

Language. The parties agree that all correspondence relating to these Terms of Service must be written in the English language.

No Third-Party Beneficiaries. Nothing in these Terms of Service or any incorporated DPA creates any third-party beneficiary rights, including for data subjects.

Sanctions Representation. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or region subject to U.S. embargo or sanctions, and that you are not listed on any U.S. government denied or restricted party list.

Survival. The following provisions shall survive any termination or expiration of these Terms of Service: Section 3.3 (Ephemeral Sessions by Design), Section 3.4 (No Guarantee of Containment), Section 3.5 (Infrastructure Provider; Limitation of Browserling's Role), Section 4 (Security Sandbox Services), Section 5 (License to Access the Services) solely with respect to Browserling's intellectual property ownership rights, Section 8 (Code of Conduct), Section 9 (Third-Party Content and Services), Section 10 (Your Data), Section 11 (Data Processing Addendum) to the extent required by applicable data protection law, Section 12 (Confidentiality), Section 15.6 (Effect of Termination), Section 16 (Disclaimers), Section 17 (Limitation of Liability), Section 18 (Indemnification), Section 19 (Statute of Limitations), Section 20 (Governing Law; Dispute Resolution), Section 21 (Notices), Section 22 (Miscellaneous), and any other provision that by its nature is intended to survive termination. All payment obligations accrued prior to termination shall also survive.

No Reliance on Future Functionality. Customer agrees that its purchase and subscription decisions are based solely on the Services and functionality available at the time of purchase. Any roadmaps, previews, or communications regarding planned or potential future development are expressions of intent only and do not constitute a commitment or warranty. Browserling has no obligation to develop, release, or deliver any discussed functionality, and Customer's rights are limited to the Services as they exist when provided.

U.S. Government End Users. The Services are commercial computer software and related documentation, as defined in FAR 12.212 and DFARS 227.7202. If Customer is a U.S. Government end user or a contractor acting on behalf of a U.S. Government end user, the Services are licensed under these Terms of Service, and the Government acquires only those rights set forth herein, consistent with FAR 12.212 and DFARS 227.7202-3.

Anti-Bribery and Anti-Corruption. Customer represents and warrants that it will not, in connection with its use of the Services, directly or indirectly offer, pay, promise, or authorize the payment of anything of value to any government official, political party, or any other person for the purpose of obtaining or retaining business or securing an improper advantage, in violation of the U.S. Foreign Corrupt Practices Act, the UK Bribery Act 2010, or any other applicable anti-bribery or anti-corruption law.

Force Majeure. Browserling shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, or other force majeure events.

Order of Precedence. In the event of a conflict among the documents forming the agreement between the parties, the following order of precedence shall apply (in descending order of control): (a) any applicable Order; (b) these Terms of Service; (c) the Data Processing Addendum, solely with respect to data processing obligations required by applicable data protection law; and (d) any other documents incorporated by reference. For clarity, the DPA controls over these Terms of Service solely with respect to obligations arising under applicable data protection law, and these Terms of Service control in all other respects.

Electronic Transactions. By accessing or using the Services or creating an Account, you consent to conduct transactions electronically and agree that your electronic acceptance of these Terms of Service, including acceptance by click-through, check-box, account creation, continued use of the Services, or execution of a signature page, constitutes a legally binding signature and agreement to these Terms of Service, enforceable to the same extent as a handwritten signature, under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN), applicable state Uniform Electronic Transactions Acts (UETA), and, to the extent applicable, Regulation (EU) No 910/2014 (eIDAS) or equivalent electronic transaction laws in Customer's jurisdiction.

Entire Agreement. These Terms of Service, together with the Privacy Policy, the Data Processing Addendum, and any applicable Order, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, and agreements, whether oral or written.