Terms of Service

Obscura ("Obscura", "we", "us", or "our") provides an open source browser engine and a hosted cloud service. These Terms of Service (the "Terms") form a binding agreement between you, or the organization you represent ("you"), and Obscura, and cover two things:

• The Engine: the open source headless browser engine, distributed under its open source license on GitHub.
• The Service: Obscura Cloud, our hosted browser infrastructure, including the dashboard, the REST and Chrome DevTools Protocol endpoints, and any scraping or automation work we run for you under an order.

If you do not agree to these Terms, do not use the Service. If you are agreeing on behalf of an organization, you represent that you have the authority to bind that organization.

01The engine and its license

The Engine is open source. Your rights to use, copy, modify, and redistribute the Engine are governed solely by the open source license that ships with it in the source repository, not by these Terms. Nothing in these Terms restricts the rights that license grants you. These Terms apply to the Engine only where you use it together with the Service.

02The service and orders

Obscura Cloud is offered on an order basis. We do not sell self-serve monthly subscriptions or per-seat plans. Each engagement is scoped as an order that describes the work, the volume, the deliverables, and the price. An order becomes binding when both parties confirm it in writing, including by email.

Where we provide access to the hosted endpoints, you receive an API key. You are responsible for keeping that key secret. You are responsible for all activity that occurs under your key or account, whether or not you authorized it. Tell us promptly at hello@obscura.sh if you believe your key or account has been compromised.

03Acceptable use

The Service is a tool for accessing the public web at scale. You decide what targets you point it at, and you are responsible for that choice. You agree that you will not use the Service to:

• Violate any applicable law or regulation, or any third party's rights, including intellectual property, privacy, and data protection rights.
• Access a website, system, or account in a manner that is not authorized, including circumventing authentication, access controls, or security measures.
• Collect, store, or process personal data without a lawful basis to do so, or in breach of a website's binding terms where those terms apply to you.
• Conduct denial-of-service attacks, send unsolicited bulk messages, distribute malware, or otherwise disrupt or degrade any system or network.
• Target services in a way that knowingly harms minors, or to collect content that is unlawful to possess or distribute.
• Resell, sublicense, or provide the Service to a third party as a standalone product that competes with Obscura.
• Probe, scan, or test the vulnerability of the Service, or breach its security or authentication, except under a security disclosure arrangement agreed with us in writing.

04Your data and your results

As between you and us, you own the data you collect through the Service and the inputs you provide to us ("Your Content"). You grant us a limited license to host, process, and transmit Your Content only as needed to operate the Service and to perform the work in your order. We do not claim ownership of Your Content and we do not sell it.

You are responsible for ensuring you have the rights necessary for us to process Your Content on your behalf. Our handling of personal data is described in the Privacy Policy, which forms part of these Terms.

05Fees and payment

Fees are set out in your order. Unless the order says otherwise, fees are quoted exclusive of taxes, are payable in the currency stated, and are due within the period stated on the invoice. Late amounts may be suspended or carry interest to the extent the law allows. Fees already paid are non-refundable except where required by law or expressly stated in your order.

06Intellectual property

We and our licensors own all rights in the Service, including the dashboard, the hosted infrastructure, our trademarks, and any materials we provide, other than the Engine, which is governed by its open source license, and other than Your Content. These Terms grant you no rights in our trademarks or branding. We grant you a non-exclusive, non-transferable right to use the Service for your internal business purposes for the duration of your order.

If you send us feedback or suggestions, you grant us a perpetual, royalty-free right to use them without restriction or obligation to you.

07Third-party sites and content

The Service interacts with websites and systems we do not control. We do not endorse, and we are not responsible for, the content, availability, accuracy, or terms of any third-party site you access through the Service. Your dealings with those sites are between you and them.

08Availability and changes

We work to keep the Service available and reliable, but we provide it on an "as available" basis. We may modify, suspend, or discontinue parts of the Service, with notice where reasonably practicable. We may suspend your access without notice if we reasonably believe your use threatens the security, integrity, or lawful operation of the Service or another user.

09Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any data obtained through it will be accurate, complete, or usable for your purpose.

10Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to these Terms or the Service, even if advised of the possibility. Our total aggregate liability arising out of or related to these Terms will not exceed the amounts you paid to us for the Service in the three months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law.

11Indemnification

You agree to defend, indemnify, and hold harmless Obscura and its officers, employees, and agents from any claim, demand, loss, or expense, including reasonable legal fees, arising out of your use of the Service, Your Content, your violation of these Terms, or your violation of any law or third-party right.

12Term and termination

These Terms apply for as long as you use the Service. Either party may terminate an order as set out in that order. We may suspend or terminate your access if you materially breach these Terms and do not cure the breach within a reasonable period after notice, or immediately for the acceptable-use breaches in Section 3. On termination, your right to use the Service ends. Sections that by their nature should survive, including ownership, disclaimers, liability limits, and indemnities, survive termination.

13Changes to these terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above, and for material changes we will give reasonable notice through the Service or by email. Your continued use of the Service after a change takes effect means you accept the revised Terms.

14Disputes

We would much rather resolve any concern directly, so please contact us first at hello@obscura.sh and we will work in good faith to sort it out. Where a dispute cannot be resolved informally, it will be governed by the law and handled by the courts of the place where Obscura is established, except where mandatory local law gives you the right to bring a claim elsewhere.

15General

These Terms, together with any order and the Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger or sale of assets. Notices to us should go to the contact address below.

16Contact

Questions about these Terms can be sent to hello@obscura.sh.