Terms of Service

1. Definitions

Some words are used in a specific way throughout these Terms.

• "Account" is the customer record that owns a subscription and its seats.
• "Account Owner" is the person who created the Account or who has been given owner permissions on it. The Account Owner is responsible for the Account.
• "Seat" is a single per person licence to use the browser. Seats are counted and billed individually.
• "Seat Holder" is the individual a Seat is currently assigned to. A Seat Holder may belong to your organisation or to another one.
• "Subscription" is the recurring monthly agreement that pays for one or more Seats.
• "Your Data" is the information you or your Seat Holders put into the Service, including proxy details, profile labels and account information.

2. The Service and what we licence to you

Omnifox is a desktop browser for macOS and Windows, sold as a per Seat monthly subscription, together with a web dashboard for managing the Account, its Subscription and its Seats.

Subject to these Terms and to payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the browser on devices you control, for the number of Seats you have paid for, for the duration of your Subscription. This is a licence, not a sale. We and our licensors keep every right not expressly granted here.

You may not copy, sell, rent, lease, sublicense, distribute or provide the browser as a service to third parties, except that you may assign a Seat to a Seat Holder as described in Section 5. You may not remove or alter any proprietary notice, or use the Service to build a competing product.

Reverse engineering, decompiling and disassembling are prohibited except where that prohibition is unenforceable under applicable law, and except as expressly permitted by the open source licences described in Section 13.

3. Eligibility and accounts

You must be at least 18 years old and legally able to enter into a contract. The Service is sold for business use and is not directed at consumers or at children.

You must give accurate registration information and keep it current. We verify the email address and phone number you provide during signup, and we record the IP address and browser user agent of the request that created the Account as the record of who opened it.

You are responsible for keeping your credentials confidential and for everything that happens under your Account, whether or not you authorised it. Tell us promptly at [ enable JavaScript to view ] if you believe an account or a Seat has been compromised.

A Seat is intended for one named individual. Sharing a single Seat between people is a breach of these Terms, and the session, device and concurrency limits in the product exist to enforce that.

4. Fees, billing, taxes and price changes

Seats are billed monthly in advance, per Seat, at the price shown at the time of purchase. Payment is processed by Stripe. You authorise us to charge your payment method on each renewal until the Subscription is cancelled.

Adding Seats or moving a Seat to a higher tier takes effect immediately and is charged a prorated amount for the remainder of the current billing period. Moving a Seat to a lower tier takes effect at your next renewal; the Seat keeps its current tier until then and no credit is issued for the unused difference.

One Subscription may hold Seats at different tiers. Your invoice is the sum of the Seats at each tier.

Prices are exclusive of taxes. You are responsible for all sales, use, VAT, GST and similar taxes, excluding taxes on our income. Where we are required to collect a tax it is added to your invoice.

We may change prices. A change applies from the first renewal at least 30 days after we notify you. Continuing to use the Service after that renewal is acceptance of the new price. If you do not accept a price change, your remedy is to cancel before it takes effect.

If a payment fails we may retry it, and we may suspend access while the Subscription is unpaid. You remain liable for amounts properly due. You agree not to initiate a chargeback without first contacting us and giving us a reasonable opportunity to resolve the issue.

5. Seats: assignment, reassignment and banking

The Account Owner may assign any Seat on the Account to a Seat Holder, unassign it, and reassign it to someone else at any time. A Seat may be assigned to a person outside your organisation; doing so gives that person access to the browser, not to your Account.

Unassigning a Seat does not cancel it or reduce your bill. The Seat is banked on your Subscription and stays available to assign to someone else. To stop paying for a Seat you must reduce your Seat count, which is a separate action.

When a Seat is unassigned or reassigned, the previous Seat Holder is signed out of the browser and loses access. Data stored locally on that person’s device is not deleted by us; see Section 11 and the Privacy Policy.

You are responsible for the acts and omissions of every Seat Holder on your Account as if they were your own, including Seat Holders outside your organisation.

6. Cancellation by you

You may cancel your Subscription at any time from the billing area of the dashboard. Cancellation stops future renewals. Access continues until the end of the period you have already paid for, and fees already paid are not refunded except as stated in Section 8 or as required by law.

Reducing your Seat count takes effect as described in Section 4. Cancelling the whole Subscription ends every Seat on it at the end of the paid period.

7. Suspension, revocation and termination by us

WE MAY SUSPEND OR REVOKE ANY SEAT, ANY SUBSCRIPTION OR ANY ACCOUNT AT ANY TIME, IN OUR SOLE DISCRETION, WITH OR WITHOUT CAUSE AND WITH OR WITHOUT NOTICE. The licence granted in Section 2 is revocable, and revocation takes effect immediately when we apply it.

We will normally act immediately and without notice where we believe, on any reasonable basis, that one or more of the following applies.

Revoking a Seat does not by itself reduce your Seat count or your bill unless we say so. Where we revoke without cause, Section 8 sets out the refund that follows.

• The Service is being used in breach of Section 9 (Acceptable use).
• The Account is delinquent, or a payment has been reversed or charged back.
• Continued access exposes us, another customer or a third party to legal, security, financial or reputational risk.
• We are required to act by law, by a court, by a regulator, or by a payment provider or other supplier we depend on.
• The Account was opened with false information, or a Seat is being shared between people.

8. Effect of termination and refunds

On termination your right to use the Service stops immediately, and we may deactivate the Account and delete server side data associated with it after the retention periods in the Privacy Policy.

If we revoke or terminate FOR CAUSE under Section 7, no refund is due and any unpaid amounts for the current period become immediately payable.

If we terminate WITHOUT CAUSE and you are not in breach, we will refund the unused portion of any fee already paid for the current billing period, calculated pro rata from the date access ends. That refund is your sole and exclusive remedy for a no cause termination.

Sections that by their nature should survive termination do survive it, including Sections 8, 9, 12, 14, 15, 17, 18, 19, 20, 21 and 23.

9. Acceptable use and your compliance with the law

YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH EVERY LAW THAT APPLIES TO YOU AND TO YOUR USE OF THE SERVICE, INCLUDING ALL APPLICABLE LOCAL, MUNICIPAL, STATE, PROVINCIAL, NATIONAL AND FEDERAL LAWS AND REGULATIONS OF YOUR COUNTRY AND OF ANY COUNTRY YOU DIRECT ACTIVITY INTO. Omnifox is a general purpose browser with strong privacy and isolation features. Those features are lawful in ordinary use, and it is your responsibility to ensure that what you do with them is lawful where you are.

You must also comply with the terms, contracts and policies of any website or service you access through the browser. Nothing in the Service grants you permission to use a third party service in a way that service does not permit, and no feature of ours creates any right against a third party.

You must not use the Service to do any of the following, or to help anyone else do it.

• Access any computer, account, network or data without authorisation, or exceed the authorisation you have, including conduct prohibited by the United States Computer Fraud and Abuse Act and equivalent laws elsewhere.
• Commit or facilitate fraud, identity theft, payment fraud, money laundering, or the use of stolen credentials or stolen payment instruments.
• Perform credential stuffing, brute forcing, account takeover, or bulk creation of accounts in breach of a service’s terms.
• Circumvent purchase limits, queue systems or similar controls where prohibited by ticketing law, including the United States Better Online Ticket Sales (BOTS) Act and equivalent state and foreign legislation.
• Evade a lawful block, ban, suspension or enforcement action taken against you by a service, a regulator or a court.
• Send spam or unsolicited bulk messages, distribute malware, or conduct phishing.
• Infringe intellectual property rights, or misappropriate trade secrets or confidential information.
• Harass, defame, stalk or endanger any person, or process personal data unlawfully.
• Interfere with the Service itself, including probing, load testing, scraping, or attempting to defeat any limit, licence check or security control we operate.

10. Proxies and other services you supply

We do not supply proxies, VPNs or IP addresses. The browser can route traffic through proxies you configure, and any such proxy is a service you obtain from a third party under a separate agreement with that party.

You represent and warrant that you have the right to use every proxy, endpoint and credential you configure, that they were obtained lawfully, and that routing your traffic through them breaches no agreement, law or policy that applies to you.

We store proxy credentials you save so the product can use them, encrypted at rest. We do not audit, validate or endorse any proxy you configure, and we are not responsible for a proxy provider’s conduct, availability, logging practices or handling of your traffic.

11. Your Data and locally stored data

You keep all rights in Your Data. You grant us only the limited licence needed to host, process and transmit it in order to operate the Service for you, and to comply with law.

A significant part of what the browser holds never leaves your device. Browsing profiles, cookies, site storage, saved logins, addresses and payment details captured by autofill are stored locally and encrypted on the machine running the browser. We do not receive them, cannot read them, and cannot restore them for you.

Because that data is local, backing it up is your responsibility. The browser can export profiles to an encrypted file for that purpose. Loss of a device, loss of an export passphrase, or deletion of a local profile is not recoverable by us.

You are responsible for having a lawful basis for any personal data you process using the Service, and for meeting your own obligations to the people that data is about.

12. Third party services and websites

The Service interacts with websites, proxy providers, payment processors and other third party services we do not control. We are not responsible for their content, availability, security, terms or conduct, and reaching them through Omnifox does not make us a party to your relationship with them.

Your dealings with a third party, including any payment and any dispute, are solely between you and that third party.

13. Software, updates and open source

The browser updates itself automatically so security fixes reach you promptly, and you agree to receive those updates. We may change, add or remove features over time, and may discontinue a feature where we reasonably need to. We will not knowingly remove a materially advertised capability from a paid tier without notice.

Omnifox is built on Mozilla Firefox and includes software licensed under the Mozilla Public License 2.0 and other open source licences. Those components remain governed by their own licences, which in some cases grant you rights broader than these Terms, and to that extent the open source licence controls for that component. Source and licence notices for the covered components are available on request at [ enable JavaScript to view ].

Nothing in these Terms limits any right you have under an applicable open source licence.

14. Intellectual property

The Service, the Omnifox name and logo, and all software, documentation and design in it are owned by us or our licensors and protected by intellectual property law. Except for the licence in Section 2, you receive no rights in them.

You may not use our trademarks without our prior written permission, other than to refer to the Service accurately.

15. Feedback

If you send us ideas, suggestions, bug reports or other feedback, you grant us a perpetual, irrevocable, worldwide, royalty free licence to use it for any purpose, without obligation or compensation to you. We are not required to keep feedback confidential.

16. Export control and sanctions

You must comply with all applicable export control and economic sanctions laws, including those of the United States. You represent that you are not located in, ordinarily resident in, or organised under the laws of a country or region subject to comprehensive sanctions, and that you are not a person on any restricted or denied party list.

You must not export, re-export or make the Service available to any person or destination prohibited by those laws.

17. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT IT WILL MEET YOUR REQUIREMENTS. WE DO NOT WARRANT ANY PARTICULAR RESULT FROM USING THE SERVICE, AND IN PARTICULAR WE DO NOT WARRANT THAT ANY WEBSITE WILL PERMIT, PERFORM OR FAIL TO DETECT ANY GIVEN ACTIVITY, OR THAT ANY ISOLATION, PROXY OR ANTI-DETECTION FEATURE WILL ACHIEVE ANY PARTICULAR OUTCOME AGAINST ANY THIRD PARTY SYSTEM.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is so, the exclusions above apply to the greatest extent permitted, and nothing in these Terms limits a non-excludable statutory right you may have.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR BUSINESS OPPORTUNITY, OR FOR ANY LOSS OR CORRUPTION OF DATA, WHETHER OR NOT WE WERE ADVISED SUCH DAMAGES WERE POSSIBLE, AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID US IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS, WHICHEVER IS GREATER.

WITHOUT LIMITING THE ABOVE, WE ARE NOT LIABLE FOR ANY CONSEQUENCE OF HOW YOU OR A SEAT HOLDER USES THE SERVICE, INCLUDING ANY ACTION TAKEN AGAINST YOU BY A WEBSITE, PLATFORM, PAYMENT PROVIDER, EMPLOYER, REGULATOR OR LAW ENFORCEMENT BODY, ANY ACCOUNT SUSPENSION OR LOSS OF FUNDS ON A THIRD PARTY SERVICE, ANY LOSS OF LOCALLY STORED PROFILE DATA, OR THE CONDUCT OF ANY PROXY PROVIDER OR OTHER THIRD PARTY.

These limits apply even if a limited remedy fails of its essential purpose. They allocate risk between us and are reflected in the price of the Service.

Nothing in this Section excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, for fraudulent misrepresentation, for death or personal injury caused by negligence, or for gross negligence or wilful misconduct where exclusion is not permitted.

19. Indemnification

YOU WILL DEFEND, INDEMNIFY AND HOLD HARMLESS OMNIFOX BROWSER LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, INVESTIGATIONS, PROCEEDINGS, LIABILITIES, DAMAGES, FINES, PENALTIES, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, BROUGHT BY ANY THIRD PARTY AND ARISING OUT OF OR RELATING TO ANY OF THE FOLLOWING.

We will notify you of a claim covered by this Section, and you will control its defence and settlement, except that you may not settle in a way that imposes any obligation or admission on us without our prior written consent, and we may participate in the defence with our own counsel at our own expense.

• Your use of the Service, or use by any Seat Holder on your Account.
• Your breach of these Terms, including Section 9.
• Your violation of any law, or of the rights of any third party.
• Your Data, or any content or activity you route through the Service.
• Any proxy, credential or third party service you configure or supply.
• Any dispute between you and a Seat Holder, or between you and any third party.

20. Dispute resolution, binding arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.

Informal resolution first. Before starting an arbitration you agree to contact us at [ enable JavaScript to view ] with a written description of the dispute and the relief you seek, and to give us 60 days to resolve it informally. This step is a condition of starting a formal proceeding, and the limitation period is paused while it runs.

Agreement to arbitrate. If we cannot resolve the dispute informally, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including its formation, interpretation, breach, termination and validity, will be resolved by FINAL AND BINDING INDIVIDUAL ARBITRATION rather than in court, except as stated below. Arbitration will be administered by a recognised arbitration provider under its commercial rules then in effect, before a single arbitrator, seated in Wilmington, Delaware, in English. The arbitrator decides all issues, including the scope and enforceability of this arbitration agreement, except that a court decides whether the class action waiver below is enforceable.

CLASS ACTION WAIVER. YOU AND WE EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. If this waiver is found unenforceable as to a particular claim or remedy, that claim or remedy is severed and heard in court, and the rest of this Section still applies to every other claim.

JURY TRIAL WAIVER. To the extent any claim proceeds in court rather than arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or to stop unauthorised access to the Service, without first arbitrating and without waiving this Section.

YOUR RIGHT TO OPT OUT. You may reject this arbitration agreement and the class action waiver by sending written notice to [ enable JavaScript to view ] with the subject line "Arbitration Opt-Out", including your name and the email address on your Account, within 30 days of first accepting these Terms. Opting out affects nothing else in these Terms and will not disadvantage your Account in any way. If you opt out, disputes are resolved in the courts identified in Section 21.

Time limit. Any claim must be brought within one year after it arises or it is permanently barred, to the extent that limit is permitted by applicable law.

If you are a consumer resident in the European Union, the United Kingdom or another jurisdiction whose law gives you a non-waivable right to bring proceedings locally, this Section applies only so far as that law permits, and your mandatory rights are unaffected.

21. Governing law and venue

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

For any dispute not subject to arbitration under Section 20, you and we submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware, and waive any objection to venue or forum in those courts.

If you are a consumer with mandatory rights under the law of your country of residence, this Section does not deprive you of the protection of those rules.

22. Changes to these Terms

We may update these Terms. If a change is material we will give notice by email to the Account Owner, or by a notice in the Service, at least 30 days before it takes effect, unless a shorter period is needed to comply with law or to address a security or legal risk.

Continuing to use the Service after a change takes effect is acceptance of the updated Terms. If you do not accept a change, your remedy is to cancel before it takes effect. The "Last updated" date at the top shows when this document last changed.

A change to these Terms does not apply retroactively to a dispute already notified under Section 20.

23. General

Entire agreement. These Terms and the Privacy Policy are the entire agreement between us about the Service and replace any prior understanding on that subject. Any purchase order or vendor form you issue has no effect and its terms are rejected.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganisation or sale of assets. An attempted transfer in breach of this paragraph is void.

Severability and waiver. If any provision is held unenforceable it is modified to the minimum extent needed to make it enforceable, or severed if that is not possible, and the rest remains in force. A failure to enforce a provision is not a waiver of it.

Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, including outages of the internet, of a cloud provider, or of a payment processor.

No third party beneficiaries. These Terms create no rights for anyone who is not a party to them, except that the persons named in Section 19 may enforce that Section.

Independent parties. Nothing here creates a partnership, joint venture, agency or employment relationship.

24. Notices and how to contact us

We give notice to you by email to the address on the Account, or by posting in the Service. You give notice to us at [ enable JavaScript to view ], or in writing to Omnifox Browser LLC, [ enable JavaScript to view ]. Notice by email is effective when sent; notice by post is effective on receipt.

Keeping a working email address on the Account is your responsibility. A notice sent to the address on file is effective even if you do not read it.