Terms of Service
1. Introduction and Acceptance of Terms
These Terms of Service (the "Terms") constitute a legally binding agreement between 9496-7056 Quebec Inc., doing business as BlitzBrowser ("BlitzBrowser," "we," "us," or "our"), and you ("user," "you," or "your").
By accessing or using our headless browser services, including our website and any related applications (collectively, the "Service"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of the terms and conditions of this agreement, you may not access or use the Service.
We may modify these Terms from time to time. We will notify you of any material changes by email or by posting a notice on our website. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms.
2. Account Registration and Use
Account Creation: To access and use certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Credentials: You are responsible for maintaining the confidentiality of your access keys and all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account. We will not be liable for any loss or damage arising from your failure to comply with this section.
Acceptable Use: You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, provincial, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada and other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm anyone in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
- To impersonate or attempt to impersonate BlitzBrowser, a BlitzBrowser employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use of the Service, or which, as determined by us, may harm BlitzBrowser or users of the Service or expose them to liability.
Prohibited Activities: You specifically agree not to use the Service to:
- Engage in any activity that infringes upon the intellectual property rights of others, including but not limited to copyright, trademarks, patents, or trade secrets.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
- Attempt to gain unauthorized access to, interfere with, damage, disrupt, or degrade the performance of any part of the Service, the server on which the Service is stored, or any server, computer, network, or database connected to the Service, any third-party infrastructure, service, or website, or the systems or networks of any other individual or entity on the internet. This includes, but is not limited to, engaging in denial-of-service attacks, distributed denial-of-service attacks, hacking, probing, scanning, or any other form of cyberattack or unauthorized access attempt.
- Attempt to interfere with the proper working of the Service.
- Attempts to mask IP addresses for malicious purposes.
- We offer different plan tiers for the Service, including a Free plan, a Starter plan, and a Scale plan, each with different features and usage allowances. The specifics of these plans are outlined on our pricing page.
- The Free plan offers a limited usage of 30,000 seconds of headless browser runtime at no cost and without requiring credit card information.
- Usage is calculated based on the total number of seconds the headless browsers are running within a calendar month.
Automatic Upgrade: If a user on the Starter plan exceeds 20,000,000 seconds of headless browser runtime in a given calendar month, their account will be automatically upgraded to the Scale plan for the remainder of that month. The pricing applicable to the Scale plan will apply to all usage within that month exceeding the Starter plan limit.
Right to Suspend or Terminate Access: We reserve the right to suspend or terminate your access to the Service, with or without notice, for any reason, including but not limited to your violation of these Terms.
3. Payment Terms
Pricing Model: BlitzBrowser operates on a pay-per-use pricing model. You will be charged based on the total number of seconds your headless browsers are running within a calendar month. The specific rates for each plan tier (Starter and Scale) are outlined on our pricing page, which is incorporated into these Terms by reference.
Free Plan: The Free plan offers a complimentary usage of 30,000 seconds of headless browser runtime per month. Usage exceeding this limit will be subject to the rates of the Starter plan. No credit card is required for the Free plan up to the stated limit.
Billing and Payment: At the end of each calendar month, you will be billed for your usage during that month, according to your selected plan's rates. Payments are processed securely through our third-party payment processor, Stripe. By using the Service, you agree to be bound by Stripe's terms and conditions and privacy policy, which we encourage you to review.
Payment Information: When you subscribe to a paid plan, you will be required to provide valid payment information. You authorize us and Stripe to charge your chosen payment method for all applicable fees and charges. You represent and warrant that you are authorized to use the payment method you provide.
Invoices: Invoices for your usage will be made available to you through your BlitzBrowser account. It is your responsibility to review these invoices for accuracy. If you have any questions or concerns regarding an invoice, you must notify us within 30 days of the invoice date. Failure to do so will constitute your acceptance of the charges.
Overage Charges (Starter Plan Upgrade): As outlined in Section 2 ("Account Registration and Use"), if your usage on the Starter plan exceeds 20,000,000 seconds in a calendar month, your account will be automatically upgraded to the Scale plan for the remainder of that month, and the Scale plan's pricing will apply to all usage exceeding the Starter plan's limits within that month.
Taxes: For users identified as companies located in Canada, applicable federal and provincial taxes (such as GST/HST and QST in Quebec) will be added to your invoice. The specific amount of these taxes will be clearly displayed on your invoice. For users located outside of Canada, no Canadian sales taxes will be applied to your charges. You are responsible for any other taxes, fees, or duties that may be applicable in your jurisdiction.
Changes to Pricing: We reserve the right to change our pricing and plan structures at any time. We will provide you with reasonable prior notice of any material changes to pricing. Your continued use of the Service after the effective date of any price changes constitutes your acceptance of the new prices.
Payment Disputes: If you dispute any charge, you must notify us in writing within 30 days of the date of the charge. We will review your dispute and respond within a reasonable timeframe. However, you remain responsible for paying all undisputed amounts.
Refunds: Generally, our service is billed on a post-usage basis, and we do not offer refunds for usage already incurred. Any exceptions to this policy will be at our sole discretion.
4. Data Privacy and Security
Data Collection and Storage: In providing the Service, we collect and store certain information related to your use of the headless browser service, including your email address, access keys for the headless browsers, invoices, transaction amounts related to payments, and session metrics such as the time browsers are connected and disconnected, the quantity of data uploaded and downloaded, and DNS requests. Additionally, when you interact with our website, we may collect certain analytics information such as your IP address, browser type, and general geographic location for the purpose of monitoring website activity and improving user experience.
Third-Party Data Management: We utilize third-party services for specific data management functions:
- Database: The data we collect (as outlined above) is stored and managed in a database provided by https://www.timescale.com/.
- Account Authentication: Data related to your account authentication is managed by https://clerk.com/. Our access to this data is limited to public information such as your name, email address, and email preferences.
- Payment Processing: All payment information, including credit card details and billing addresses, is securely processed and managed by https://stripe.com/. We do not directly store your full payment card details, and our access to payment-related data is limited to public information necessary to meet PCI standards.
Data Security: We are committed to protecting the security of your data. All data transmitted between you and the Service is encrypted using industry-standard encryption protocols. The data stored in our database is also encrypted at rest. We implement and maintain reasonable administrative, physical, and technical safeguards designed to protect your information from unauthorized access, use, or disclosure.
User Responsibility: While we implement security measures to protect your data, you are responsible for maintaining the security and confidentiality of your account credentials, including your access keys. You should not share your access keys with any unauthorized individuals.
Privacy Policy: For more detailed information about our data collection, use, and disclosure practices, including the analytics information we collect on our website, please refer to our Privacy Policy, which is incorporated into these Terms by reference and can be found here. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
5. Intellectual Property
BlitzBrowser Intellectual Property: The BlitzBrowser brand name, logo, and the underlying software, technology, design, user interface, and all other content and features of the Service (excluding User-Generated Content) are the sole and exclusive property of 9496-7056 Quebec Inc. and its licensors. These are protected by copyright, trademark, and other intellectual property laws in Canada and other jurisdictions. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for the purpose of utilizing the headless browser services in accordance with these Terms. This license does not grant you any right, title, or interest in or to our Intellectual Property.
User-Generated Content: As previously stated, users may generate content through their use of the headless browsers (e.g., extracted data, automated test scripts, website screenshots). You retain all right, title, and interest in and to your User-Generated Content. We claim no ownership rights to your User-Generated Content.
User Responsibility Regarding Intellectual Property: You are solely responsible for ensuring that your use of the Service and any User-Generated Content does not infringe upon the intellectual property rights of any third parties. You agree not to use the Service to access, collect, store, or distribute any content that violates the copyright, trademark, patent, trade secret, or other intellectual property rights of others.
Trademarks: The BlitzBrowser name and logo are trademarks of 9496-7056 Quebec Inc. and may not be used without our prior written consent.
6. Service Levels and Support
Service Levels: We strive to provide a reliable and consistently available Service. Our target uptime for the Service is 95% (the "Uptime Commitment"). This Uptime Commitment excludes scheduled maintenance, emergency maintenance, outages caused by factors beyond our reasonable control (such as internet service provider failures, third-party service outages, natural disasters, or acts of war), and any unavailability resulting from your actions or inactions.
Monitoring: We will use commercially reasonable efforts to monitor the availability of the Service.
Support: For technical support and other inquiries, you can contact us at [email protected]. We will use commercially reasonable efforts to respond to your inquiries in a timely manner. However, we do not guarantee a specific response time.
Scope of Support: Our support is primarily focused on assisting you with the functionality and proper use of the BlitzBrowser Service. We are not obligated to provide support for your specific use cases, the development or debugging of your code (e.g., Puppeteer or Playwright scripts), or issues arising from third-party services or websites you access through our Service.
No Guaranteed Resolution: While we will use commercially reasonable efforts to resolve issues you encounter, we do not guarantee that all support requests will be resolved to your satisfaction.
Free Plan Support: Support for users on the Free plan may be limited compared to users on paid plans. We reserve the right to prioritize support for paying customers.
Service Modifications and Discontinuation: We reserve the right to modify, suspend, or discontinue all or any part of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
7. Termination
Termination by You: You may terminate your account and stop using the Service at any time. You are solely responsible for properly canceling your account through the mechanisms provided within the Service.
Termination by Us: We reserve the right to suspend or terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Reasons for termination by us may include, but are not limited to:
- Your breach of these Terms.
- Your violation of any applicable law or regulation.
- Your engagement in activities that, in our sole discretion, may harm the Service, other users, or our business operations or reputation.
- Your failure to pay any fees due.
- Your inactivity for an extended period (as determined by us).
- Our decision to discontinue offering the Service or any part thereof.
Effects of Termination: Upon termination of your account:
- Your right to access and use the Service will immediately cease.
- You will remain liable for any outstanding balances owed to us.
- Your violation of any applicable law or regulation.
- We may, in our sole discretion and without notice, delete or retain your User-Generated Content and other data associated with your account. We are under no obligation to provide you with a copy of your data upon termination. It is your responsibility to export any data you wish to retain before terminating your account.
- Any licenses granted to you under these Terms will immediately terminate.
Survival: The provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, provisions regarding intellectual property, disclaimers of warranties, limitations of liability, indemnification, governing law, and dispute resolution.
8. Termination
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
BLITZBROWSER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, OR RELIABLE.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE DISCLAIM ANY AND ALL RESPONSIBILITY FOR ANY LOSS, DAMAGE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
BLITZBROWSER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ACCESSED THROUGH THE SERVICE OR THE CONTENT OF ANY THIRD-PARTY WEBSITES OR SERVICES LINKED TO OR ACCESSED THROUGH THE SERVICE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 9496-7056 QUEBEC INC., DOING BUSINESS AS BLITZBROWSER, NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF BLITZBROWSER TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO BLITZBROWSER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED CANADIAN DOLLARS (CAD $100), WHICHEVER IS LESS.
THE LIMITATIONS OF THIS SECTION SHALL APPLY EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
10. Indemnification
You agree to indemnify, defend, and hold harmless 9496-7056 Quebec Inc., doing business as BlitzBrowser, and its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees), arising out of or relating to:
- Your access to or use of the Service.
- Your User-Generated Content.
- Your violation of these Terms.
- Your violation of any applicable law or regulation.
- Your infringement of any intellectual property or other right of any person or entity.
- Any claim that your use of the Service caused damage to a third party.
11. Governing Law and Dispute Resolution
Governing Law: These Terms and your relationship with BlitzBrowser shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions.
Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Quebec, Canada. You hereby irrevocably consent to the jurisdiction of and venue in such courts and waive any objection based on improper venue or forum non conveniens.
Informal Resolution: Before initiating any legal proceedings, you and BlitzBrowser agree to first attempt to resolve any dispute amicably through good-faith negotiations.
Waiver of Jury Trial: To the extent permitted by applicable law, you and BlitzBrowser each waive the right to a trial by jury in any action, proceeding, or counterclaim arising out of or relating to these Terms or the Service.
12. Miscellaneous
Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and BlitzBrowser concerning the Service and supersede all prior and contemporaneous communications, agreements, representations, and warranties, both oral and written, with respect to the Service.
Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and the invalid or unenforceable provision will be deemed replaced by a valid and enforceable provision that most closely approximates the intent of the original provision.
No Waiver: The failure of BlitzBrowser to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by BlitzBrowser.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. BlitzBrowser may assign or transfer all or any part of its rights or obligations under these Terms without your consent.
Notices: We may provide notices to you via email to the email address associated with your account, by posting a notice on the Service, or through other reasonable means. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You must send any legal notices to us at the email provided in the "Contact Information" section of these Terms.
Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Service, please contact us at:
9496-7056 Quebec Inc.
Quebec, Canada
[email protected]