Octo Browser
Terms of Service

Last updated April 1, 2022

BLACKBIRD SECURE BROWSING LTD (LTD registered Unit 1058, Second Floor, 6 Market Place, London, Fitzrovia, United Kingdom, W1W 8AF) and its affiliates, authorized resellers or distributors (“OCTO”, “we” or “us”) offer you to use this website or access any OCTO’s software, products, and services or any other digital content (“Software”).

Use of the Software is also governed by OCTO’s Privacy Policy which is herein incorporated by reference. These Terms of Use and our Privacy Policy are available on the OCTO’s website. These Terms of Use are a legal agreement between you, as a current or prospective user of OCTO (“you”, “your”) and us and govern your use of OCTO’s Software. You must agree to these Terms of Use and the Privacy policy before accessing and using the Software. By using the Software in any manner, you agree to be bound by these documents.

Accessing and using our Software

Software that may be downloaded from OCTO’s website is licensed subject to the click-on End User License Agreement (“EULA”) which you agree to at the time of download or use. You may not install any Software that is accompanied by EULA or includes EULA if you have not agreed to the applicable terms of the EULA. The Software is available for download exclusively for use by end-users in accordance with the EULA and (or) these Terms of Use. Except as expressly permitted in EULA or as expressly permitted by applicable law you agree that you will not sell, rent, lend, transfer, transmit, modify, adapt, translate, prepare derivative works, decompile, deconstruct, disassemble or attempt to extract source code from the Software.

You will be required to create an account in order to download, access or use the Software. In this regard, we ask you to provide a valid and proper email address and (or) your login in the Telegram messenger. You agree that you must take all steps necessary to protect your log-in details and keep them confidential. You agree that you may not give your log-in details to anyone else and that you may not allow anyone else to use your log-in details or your account.

Subscription and Tokens

OCTO offers you the use of the Software on the basis of a paid subscription. Prices and subscription packages can be found here.

In order to purchase a subscription, you need to buy a Token - a virtual currency where the price of 1 Token is equal to 1 Euro.

Before making any payments or purchases, please review the terms of account replenishment and payments on this page. Feel free to contact us if you still have any questions via email.

You understand and accept that once you have purchased Tokens, they have no monetary value do not represent any stored value and cannot be exchanged for real money. You accept that Tokens may not be transferred to anyone else and you agree that you will not transfer or attempt to transfer any Tokens. You also hereby agree and confirm that unused Tokens are not subject to reverse exchange and refund.

Intellectual Property Rights

Intellectual Property Rights includes patents, copyrights (including rights in designs, trademarks, service marks, logos, applications for any of the above, know-how, trade secrets, domain names, URL, trade names, and any other intellectual or industrial property rights (and any licenses in connection with any of the same) including moral rights, in each case whether registered or unregistered or capable or incapable of registration and including applications for registration and all rights and forms of protection having equivalent or similar effect anywhere in the world now or hereafter owned by, developed by or on behalf of OCTO.

You agree and acknowledge that all the rights, title, and interest in and to the Intellectual Property, including moral rights, are solely owned by OCTO.

You must not use any part of the Software and (or) content on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

Breach of this section shall be considered as a material breach of these Terms of Use.

Privacy Policy and Cookies

OCTO’s Privacy Policy describes how we handle information that we receive from you in connection with our Software. Please make sure that you have read and understood the terms of our Privacy Policy.

Term and Termination

These Terms of Use are effective upon your acceptance of these Terms of Use, or upon your downloading, accessing or otherwise using the Software and run for an indefinite term unless terminated by you or OCTO as set forth in this section.

Either party may terminate this agreement for any reason and at any time upon written notice.

We may terminate these Terms of Use, or suspend or terminate your account at any time for any reason.

These Terms of Use will be terminated immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Use.

Indemnification

You agree to indemnify, defend, and hold harmless OCTO, its affiliates, directors, officers, employees, and agents from and against any and all дiabilities arising from any сlaims due to, arising out of, or relating in any way to (a) any breach of these Terms of Use by you; or (b) any gross negligence or willful misconduct of you.

OCTO reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OCTO and you agree to cooperate with our defense of these claims.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OCTO, NOR THEIR AFFILIATES, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, OR BUSINESS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, UNDER THIS AGREEMENT, EVEN IF OCTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY SOFTWARE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OCTO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR OCTO’S PRIVACY POLICY (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID OCTO IN THE PRIOR 12 MONTHS (IF ANY).

Miscellaneous

Notices. Any notice provided to OCTO pursuant to these Terms of Use should be sent to email.

Entire Agreement. These Terms of Use set forth the parties’ entire agreement regarding the subject matter of this agreement and supersedes all prior and contemporaneous discussions between the parties.

Severability. In case anyone or more of the provisions contained in these Terms of Use will, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of these Terms of Use, and these Terms of Use will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If, moreover, any one or more of the provisions contained in these Terms of Use will for any reason be held to be excessively broad as to duration, geographical scope, activity, or subject, it will be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law.

Changes to these Terms. OCTO may change these Terms of Use for any reason, including business, legal or technical reasons. If in the future we decide that updating the Terms of Use will require you to accept the updated terms, you may not continue to use the Software until you accept the updated terms. You can always access the updated version of the Terms of Use at link.

Waiver. A waiver of any right or remedy under this Agreement or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.

Assignment. These Terms of Use, and your rights and obligations herein, may not be assigned by you without OCTO’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void. OCTO may assign these Terms of Use in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. these Terms of Use shall be binding upon assignees.

Governing Law. These Terms of Use shall be governed by and construed and interpreted in accordance with the substantive laws of the UK, without giving effect to any conflicts of law rule or principle that might require the application of the laws of another jurisdiction. Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in London, UK, with the losing party paying all costs of arbitration.