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Terms of Use

Last updated October 28, 2024

BLACKBIRD SECURE BROWSING LTD (a limited liability company registered at 41 Devonshire Street, Ground Floor, London, United Kingdom, W1G 7AJ) and its affiliates, authorized resellers or distributors (hereafter “OCTO,” “we” or “us”) may offer you to use this website or access any software, products, services or any other digital content (hereafter “Software”) offered by OCTO.

Your use of the Software is also governed by OCTO’s Privacy Policy. 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 (hereafter “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 also governed by the End User License Agreement (hereafter “EULA”) which you agree to at the time of Software 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 by EULA or as expressly permitted by applicable laws 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 need to create an account to download, access, and use the Software. We ask you to provide a valid and working email address and/or your Telegram handle. You agree that you will take all necessary steps to protect your authorization data and keep them confidential. You agree that you will not give your authorization data to anyone else and that you will not allow anyone else to use your authorization data or your account.

Supplemental documents that may be occasionally posted on the website are expressly incorporated herein by means of links. We reserve the right to make changes to these Terms of Use at any time and for any reason at our sole discretion. We will notify you about any changes by updating the “Last updated” date of these Terms of Use, and you agree to waive any right to receive specific notifications regarding each such change. Please ensure that you check the applicable Terms of Use every time you use our website so that you know the Terms of Use that apply.

Subscription and Payments

OCTO offers you the use of the Software on the basis of a paid-for subscription. Prices and available subscriptions can be found here.

To purchase a subscription, you are required to buy Tokens, a virtual Octo currency with the price of 1 Token equaling 1 Euro. The purchased Tokens can be used to pay for a subscription to the OCTO Software, as well as to purchase third-party services and other services offered through OCTO (such as the Proxy Shop).

Before making any payments or purchases, please review the terms of account balance top-up and payments on this page. Feel free to contact us at support@octobrowser.net if you still have any questions. All refunds for unused products and services are subject to our Refund Policy.

You understand and agree 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 agree that tokens may not be transferred to anyone else and you agree that you will not transfer or attempt to transfer any tokens.

The following payment methods for using OCTO services are accepted: VISA, MasterCard, and the following crypto currencies: USDT, Ethereum (ETH), Bitcoin (BTC), Litecoin (LTC).

We reserve the right to choose the forms of payment accepted by OCTO, to refuse a specific form of payment or to refuse service to anyone at our sole discretion.

To process payments, we may use third-party services. Since such services are regulated, you may be subject to AML procedures during the payment process. In such cases, the OCTO Support Team will refer you to the Support Team of the corresponding third-party service. Please note that OCTO cannot influence the results of AML procedures.

If you choose to pay by card, you agree to authorize us to charge all applicable fees and commissions to your credit card or bank account.

You also authorize us to use a third party to process payments and agree to the disclosure of your payment and personal information to such third party. Additionally, you consent to any AML checks by the respective third party that may be required as a result of the aforementioned disclosure.

We may add or remove payment processing methods at our sole discretion and without any additional notification.

Intellectual Property Rights

Intellectual Property Rights include patents, copyrights, including rights to designs, trademarks, service marks, logos, applications for any of the above, know-how, trade secrets, domain names, URLs, trade names, and any other intellectual or industrial property rights (and any licenses related to any of these), 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 or developed by or on behalf of OCTO.

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

You agree not to 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.

Any breach of the stipulations put forth in this section shall be considered a material breach of these Terms of Use.

Privacy Policy and Cookies

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

Term and Termination

These Terms of Use take effect upon your acceptance of these Terms of Use, or upon your downloading, accessing, or otherwise using the Software; and they remain in effect for an indefinite term until terminated by you or by OCTO as set forth in this section.

We reserve the right to limit or refuse the sales of our Software and Services to any person in any geographic region or jurisdiction at our sole discretion. We may exercise this right on a case-by-case basis at any time OCTO deems necessary.

We may terminate these Terms of Use, or suspend or terminate your account at any time in case of:

  • your violation of any restrictions or clauses of these Terms of Use or any applicable laws;

  • system failure or any other circumstances beyond OCTO's control.

We will do everything possible to send you an advance notification about this, but we cannot guarantee that we will be able to send a notification in all possible circumstances.

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

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or in the name of any third party, even if you are permitted to act on behalf of that third party.

In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including ,without limitation, pursuing any civil, criminal, and injunctive redress.

These Terms survive the termination of a user account and are binding in the matters of any potential communication between OCTO users and OCTO following the termination of a user account.

Indemnification

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

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 defence of such claims.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER OCTO NOR OCTO’S AFFILIATES WILL BE HELD 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, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES, UNDER THESE TERMS OF USE, EVEN IF OCTO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF ANY SOFTWARE ARE AT YOUR OWN SOLE DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICES, 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 THESE TERMS OF USE OR OCTO’S PRIVACY POLICY (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID OCTO IN THE PRIOR 12 MONTHS (IF SUCH PAYMENTS EXIST).

Disclaimer

We do not guarantee that Software is free from flaws. Our Software is provided “as is,” and you agree to use the Software at your own discretion and risk. We make no warranties or guarantees related to performance, merchantability, fitness for a particular purpose, or any other warranties, whether expressed or implied. No oral or written communication from or information provided by OCTO shall create, constitute, or be construed as a warranty. Under no circumstances shall OCTO be held liable for direct, indirect, special, incidental, or consequential damages resulting from the use, misuse, or inability to use the Software, even if OCTO has been advised of the possibility of such damages. We do not guarantee that our Software, its features and functions, or the content and materials made available thereby will be timely, secure, uninterrupted, competent, useful, or error-free, that any defects or faults will be corrected, or that our Software or the servers that make our Software available are free of viruses or other harmful components.

We are not and cannot be held liable for service outages caused by users’ third-party data centers or Internet service providers, users’ preferred particular servers, routers, networks, etc., and/or failures, outages or connectivity problems caused by any third party.

The use of our Software is at your sole discretion and risk, and you assume full responsibility for any costs associated with your use of our Software. We shall not be held liable for any damages of any kind related to the use of our website.

Privacy and Confidentiality

Confidential Information means information of commercial value which is kept confidential by OCTO that shall not become publicly known in accordance with these Terms of Use and that can be disclosed to you by OCTO or its directors, employees, or professional advisers orally or in writing.

You shall use all commercially reasonable efforts to protect Confidential Information from any harm, tampering, unauthorized access, sabotage, exploitation, manipulation, modification, interference, misuse, misappropriation, copying, or disclosure.

Your rights and obligations under this clause shall not be applied to the Confidential Information to the extent that: (I) it becomes publicly known for reasons not connected with breach of this clause; (II) its disclosure has been approved by OCTO; (III) its disclosure is required by law, a competent court, or a government body. You shall provide OCTO with a reasonable opportunity to review the disclosure and to interpose its own objection to the disclosure of the relevant Confidential Information.

The obligations to keep Confidential Information will remain in effect for the whole duration of these Terms of Use and for 5 years after the termination of these Terms of Use.

Notices. Any notice provided to OCTO pursuant to these Terms of Use should be sent to support@octobrowser.net.

Entire Agreement. These Terms of Use set forth the parties’ entire agreement regarding the subject matter of these Terms of Use and supersede all prior and concurrent discussions between the parties.

Severability. In case any one or more of the provisions contained in these Terms of Use will, for any reason, be found 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 shall be construed as if such invalid, illegal or unenforceable provision(s) had never been contained herein.

Waiver. A waiver of any right or remedy under these Terms of Use or applicable law is only effective if given in writing and shall not be construed as a waiver of any subsequent breach or default.

Assignment. These Terms of Use, and your rights and obligations resulting from them, may not be reassigned by you to another party without OCTO’s prior written consent, and any attempted reassignment in violation of the foregoing shall be deemed null and void. OCTO may reassign its rights and obligations due to 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 England and Wales, 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 these Terms of Use (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.

In no event shall any claim, action, or proceeding brought by either Party related in any way to Software be commenced more than one (1) year after the cause of action arose.