Terms of Service

This Terms of Service (or “ToS”) governs your use of the Bug Capture (formerly known as Bird Eats Bug) services provided by BrowserStack.

If You have an existing agreement with BrowserStack, click here for the terms which apply for Your use of the Bug Capture Tool.

For all other users, these Terms of Service governs the use of the Bug Capture tool (“Software” or “Tool”) and related services (the Software and related services jointly the "Services") available at www.birdeatsbug.com (or “Website”) apply to You ("Customer") and is subject to the subscription plan purchased by You. The provided scope and the term of the Services depends on the plan the Customer subscribes for.

BY ACCEPTING THESE TERMS OF SERVICE, EITHER BY REGISTERING ON WWW.BIRDEATSBUG.COM OR BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY EXECUTING AN ORDER FORM OR ANY OTHER DOCUMENTATION THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” OR “CUSTOMER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

This Agreement was last updated on August 20, 2024. It is effective between You and Us as of the date of Your acceptance of this Agreement.

The parties hereby agree to the following with respect to Your use, and BrowserStack’s provision of the Services.

§ 1 Availability; Changes to the ToS

BrowserStack is entitled to change these ToS at any time with a reasonable notice period. The changes shall be deemed approved, if the Customer does not object in writing to the changes within the reasonable notice period and has been notified of such effect in the respective amendment notification.

§ 2 Services provided by BrowserStack

The use of the Software requires the successful registration as well as the set-up of a user administration account ("Account") via the Website. Customer must fill in all required fields in the sign-up form truthfully and completely.

There is no legal entitlement for using the Service provided. BrowserStack has the right to stop or deny any registration without giving any reasons.

BrowserStack makes the Tool available on its own servers or on the server of an engaged data processor ("Data Centre"). Use of the Tool will be made available to the Customer by BrowserStack from the router output via the Data Centre. The establishing and maintaining of the data connection between the Tool user's end device and the delivery point operated by BrowserStack falls under the Customer's responsibilities. Accessing the data saved onto the Tool will no longer be possible for the Customer after termination of the Service(s).

Access to the Tool and the stored data made available outside of the maintenance window, unless BrowserStack is required to carry out emergency support works or take other urgent measures in order to maintain the Tool's usability. The object or source code of the Software will not be disclosed.

BrowserStack is not obliged to make a document or a separate instruction manual available to the Customer. BrowserStack will give an overview of the Tool's basic functions and will give the Customer access to the relevant information, if necessary.

§ 3 Customer Account and Information

Depending on the plan the Customer has chosen for the use of the Tool, Customer may set up additional user accounts via the admin Account and control and edit the admin rights relating to such additional user accounts. Customer shall be solely responsible for such Account and additional user accounts (if any) according to the details set out in these ToS.

If there are any changes to the Customer's relevant information, e.g. billing or email address, Customer is obliged to inform BrowserStack of the new data immediately in writing, for example via changing the settings in the Account, provided this is relevant to the fulfilment of the agreement.

§ 4 Intellectual Property Rights

This is a subscription agreement for access to and use of the Services. Customer acknowledges that it is obtaining only a limited right to the Services and that irrespective of any use of the words “purchase”, “sale” or like terms in this Agreement no ownership rights are being conveyed to Customer under this Agreement. Customer agrees that BrowserStack or its suppliers retain all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service(s), all documentation, professional services deliverables and any and all related and underlying technology and documentation and any derivative works, modifications or improvements of any of the foregoing, including as may incorporate Feedback (collectively, “BrowserStack Technology”). Except as expressly set forth in this Agreement, no rights in any BrowserStack Technology are granted to Customer. Further, Customer acknowledges that the Services are offered as an on-line, hosted solution, and that Customer has no right to obtain a copy of any of the Services, and that  all copyrights, trademarks, and other intellectual property rights in and relating to the Services are owned by or licensed to BrowserStack.

Upon the Customer’s purchase of Services and subject to the terms of the agreement, BrowserStack grants the Customer a worldwide, non-exclusive, non-transferable, time-limited and non-sublicensable right to use the Services during the Term.

Customer, from time to time, may submit comments, questions, suggestions or other feedback relating to any BrowserStack product or service to BrowserStack (“Feedback”). BrowserStack may freely use or exploit Feedback in connection with any of its products or services without the need to pay compensation for any use of such Feedback.

Notwithstanding anything to the contrary herein, Customer agrees that BrowserStack may obtain technical data about Customer’s use of the Service(s) that is non-personally identifiable with respect to Customer (“Usage Data”), and BrowserStack may use the Usage Data to analyze, improve, market, support and operate the Services and otherwise for any business purpose during and after the term of this Agreement. For clarity, this Section does not give BrowserStack the right to identify Customer as the source of any Usage Data.

§ 5 Content; Rights Grant

When using the Tool and Services Customer (or its users) may provide or upload content in or as part of the Services such as texts, photos, graphics, etc. ("Content"). In general, all copyrights, trademarks, and other intellectual property rights in and relating to such Content shall be owned by or licensed by Customer. When providing any Content in the Services Customer grants to BrowserStack for the term of the agreement a world-wide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, store, modify, publicly perform, publicly display, reproduce, create derivative works of and distribute Content on and through the Services.

Customer bears responsibility for ensuring that the Content entered comply with the relevant laws and regulations, and, importantly, do not infringe any third party's rights.

§ 6 Limited Warranty

Limited Warranty. BrowserStack warrants, for Customer’s benefit only, that the Service(s) will operate in substantial conformity with the applicable documentation. BrowserStack’s sole liability (and Customer’s sole and exclusive remedy) for any breach of this warranty will be, at no charge to Customer, for BrowserStack to use commercially reasonable efforts to correct the reported non-conformity, or if BrowserStack determines such remedy to be impracticable, either party may terminate the applicable Term and Customer will receive as its sole remedy a refund of any fees Customer has pre-paid for use of such Service for the terminated portion of the applicable Term. The limited warranty set forth in this Section 5 will not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which Customer first noticed the non-conformity, (ii) if the error was caused by misuse, unauthorized modifications or third-party hardware, software or services, or (iii) to use provided based on a Trial.

Warranty Disclaimer. EXCEPT FOR THE LIMITED WARRANTY ABOVE, ALL SERVICES AND THE SOFTWARE OR TOOL ARE PROVIDED “AS IS”. NEITHER BROWSERSTACK NOR ITS SUPPLIERS MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. BROWSERSTACK DOES NOT WARRANT THAT CUSTOMER’S USE OF ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES BROWSERSTACK WARRANT THAT IT WILL REVIEW THE CONTENT FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN THE CONTENT WITHOUT LOSS. BROWSERSTACK WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF BROWSERSTACK. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Specific Disclaimers. TO THE EXTENT PERMITTED BY LAW, BROWSERSTACK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR ANY OTHER LOSS OR DAMAGE RESULTING FROM (I) THE TRANSFER OF DATA OVER PUBLIC COMMUNICATIONS NETWORKS AND FACILITIES, INCLUDING THE INTERNET, OR (II) ANY DELAY OR DELIVERY FAILURE ON THE PART OF ANY OTHER SERVICE PROVIDER NOT CONTRACTED BY US, AND CUSTOMER ACKNOWLEDGES THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. CUSTOMER ACKNOWLEDGES THAT BROWSERSTACK CANNOT GUARANTEE THE ABSOLUTE PREVENTION OF CYBER-ATTACKS SUCH AS HACKING, SPYWARE, AND VIRUSES. ACCORDINGLY, BROWSERSTACK SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED DISCLOSURE, LOSS OR DESTRUCTION OF CONTENT ARISING FROM SUCH RISKS AS LONG AS SUCH RISK CANNOT BE ATTRIBUTED TO NEGLIGANCE OR FAILURE ON BROWSERSTACK’S PART.

§ 7 Customer's Warranty

Customer hereby represents and warrants that, as applicable, (i) it owns such Content provided, holds the necessary rights or is otherwise authorized to use such Content for the purpose of the Service, and (ii) such Content does not infringe any third-party rights (copyrights, trademarks, other intellectual property rights) or infringes such third party's privacy.

Should BrowserStack be notified that a profile contains unlawful content (such as texts, photos, videos etc.), BrowserStack is legally entitled to block this profile temporarily or permanently, BrowserStack will inform the Customer of the third party's complaint, allow the Customer (or its user) to justify the related statement and forward the justification to the third party if reasonable.

§ 8 Prohibited Use

Customer agrees not to upload, transmit, support, incite, promote or otherwise make available any content that is or could reasonably be viewed as unlawful, racist, hostile, violent, discriminatory (including relating to race, religion, sex, sexual orientation, age, disability, ancestry or national origin), harmful, harassing, defamatory, vulgar, obscene or otherwise objectionable or which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. BrowserStack has the right to remove uploaded content, if BrowserStack decides in its sole discretion that it results in or from a breach of law or any part of these ToS.

In particular, Customer (or users) may not

• use the Services for any other purpose than provided for in these ToS, in particular, not offer the Services to unauthorized third parties or sell, sub-license, lease, transfer or otherwise commercially exploit the Software;
• interfere with or disrupt the Services or servers or networks;
• remove or amend any proprietary notices or other ownership information from the Service;
• collect or harvest any personally identifiable information, including account names, from the Service;
• decompile, reverse engineer, disassemble or hack any of the Service or defeat or overcome any of BrowserStack's (or engaged third party providers') encryption technologies or security measures;
• conduct any action that restricts or inhibits anyone's use or enjoyment of the Service or may harm or offend or expose BrowserStack or its users to liability, in particular refrain from use that can disable, overburden, damage or impair the Service (or the ability to engage in real time activities via the Service) or use of robots, spiders or other automatic device, process or mean (to access the Service);
• use any device, software or routine to interfere with the proper working of the Service, in particular, not use any viruses, trojan horses, worms, logic bombs or anything malicious or technologically harmful;
• not perform attempts for unauthorised access, interference, damage or disrupt, copying, distributing or disclosing any parts of the Service;
• transmit or procure of any junk mail, chain letter, spam, or any other similar solicitation;
• harm minors by exposure of inappropriate content, including but not limited to Content;
• impersonate BrowserStack, BrowserStack's employees or other users of the Service or their employees;
• pursue any threatening, fraudulent, harmful purpose or activity; and/or
• use the Services in any other way not permitted by these ToS.
  

In the event of a violation of the above by the Customer, BrowserStack shall be entitled to deny access to the Services (temporarily) and - if reasonable - immediately terminate the agreement.

§ 9 Back-up rights and obligations

The Customer is obliged to regularly save / backup data, including Content, created by or saved onto the Tool itself, either analogically or digitally.

BrowserStack is entitled to regularly make backups (backup copies) to comply with its legal obligations (including retention periods), secure an optimal running of the Tool or in case BrowserStack has a legitimate interest in the backup / archiving of contents, for example if a third party has published claims against BrowserStack  or users BrowserStack  is entitled to keep the relevant backup / archived content for such purposes, in general until the legal ending of these proceedings.

§ 10 Liability of BrowserStack

Consequential Damages Waiver. EXCEPT FOR EXCLUDED CLAIMS (DEFINED BELOW), NEITHER PARTY (NOR ITS SUPPLIERS) WILL HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, OR THE SOFTWARE OR TOOL FOR ANY LOSS OF USE, LOST DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Liability Cap. BROWSERSTACK’S AND ITS SUPPLIERS’ ENTIRE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES, THE DOCUMENTATION, OR THE SOFTWARE OR TOOL AT ANY TIME SHALL BE $1 UNDER THIS AGREEMENT.

Excluded Claims. “Excluded Claims” means any claim arising from (a) Customer’s breach of Section 7 (Customer’s Warranty), and Section 8 (Prohibited Use) and (b) a party’s breach of its obligations in Section 14 (Confidentiality) (but excluding claims related to Content).

Nature of Claims and Failure of Essential Purpose. The parties agree that the waivers and limitations specified in this Section 10 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise and will survive and apply even if any limited remedy specified in this Agreement is found to have failed of its essential purpose.

§ 11 Remuneration; Price List

The remuneration for the Services is determined by the current price list at the moment of entering into the agreement based on these ToS as displayed on the Website https://birdeatsbug.com/ ("Price List").

§ 12 Payments and Billing

BrowserStack uses Paddle https://paddle.com/ as a third party payment processor ("Payment Processor(s)") to bill the Customer through a payment account linked to its Account ("Billing Account") for use of the paid Services. The processing of payments may be subject to the terms and conditions as well as the privacy policies of the Payment Processors in addition to this agreement. BrowserStack is not responsible for any defects related to or services by the Payment Processors. By choosing to use paid Services, the Customer agrees to pay BrowserStack through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and Customer authorizes BrowserStack, through the Payment Processors, to charge the chosen payment provider ("Payment Method"). Customer agrees to make payments using that selected Payment Method. All invoices are denominated, and Customer must pay as set out in the Price List, currently in U.S. Dollars only. On rare occasions, the Customer may be billed an amount up to the Customer's current balance in an effort to verify the authenticity of the Customer's account information. This process ensures that Customers without a payment history are not subjected to additional scrutiny. Customers outside of the European Union (EU) are entirely responsible for the payment of all taxes. For specific pricing policies, please refer to the current Price List. Monthly fees and renewal fees will be billed at the rate agreed between the parties at the time of successful subscription.

Customer must provide current, complete and accurate information for its Billing Account, must promptly update all information to keep them current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and promptly notify BrowserStack or our Payment Processors if the payment method is canceled (for example for loss or theft) or if Customer becomes aware of a potential breach of security, such as the unauthorized disclosure or use of username or password. Changes to such information can be made under 'Billing settings' in the Account of the Customer. If Customer fails to provide any of the foregoing information, Customer agrees that BrowserStack continue charging Customer for any use of paid services under the Billing Account unless Customer has terminated the paid services as set forth herein.

Payments not made within fourteen (14) days of invoicing will be deemed in arrears. For accounts in arrears, if any amount is more than fourteen (14) days overdue, without the requirement of providing notice of such arrears, BrowserStack may suspend service to such account and bring legal action to collect the full amount due, including any attorneys' fees and costs. If a Customer is past due on their balance, BrowserStack may send up to three (3) email notifications within a fifteen (15) day period before suspending the respective Account.

§ 13 Term; Termination

The Agreement based on the ToS is entered into for an indeterminate period and can be terminated by each party by the end of the month with a notice period of 14 days. The right to termination for cause remains unaffected. Any termination shall be in writing. The Customer may cancel the Services at any time by logging into the Account. After the cancellation being effective, the customer's Account will be inactivated and the Customer will no longer be able to log into the Website and/or have any access to the Services.

§ 14 Confidentiality

Each party agrees and undertakes, with respect to any information received by the respective other party marked as 'confidential' or appearing confidential ("Confidential Information"):

• to examine and use all Confidential Information only for the purpose of the Services, and not to use the Confidential Information for its own benefit or to compete or obtain advantage vis-à-vis each party's in any commercial activity or transaction which may adversely affect such party;
• not to disclose Confidential Information to any third party, whether in whole or in part either directly or indirectly in any shape or form, except to each party's employees or representatives and/or other users of the Service as is reasonably required in connection with using the Service;
• not to copy, reproduce or reduce to writing any part of the Confidential Information except as may be reasonably necessary pursuant to the first bullet point above and to ensure that any copies, reproductions or reductions to writing so made shall be the property of the respective party.
  

This obligation shall not apply to any information that is or becomes generally known to the public through no fault or breach of these ToS or any other confidentiality obligation applicable; is legally known to a party at the time of disclosure without an obligation of confidentiality; or a party rightfully obtains from a third party without restriction on use or disclosure and without a breach of a confidentiality obligation by such third party.

Each party is obligated to inform the respective other party immediately if such party becomes aware of any violation of this Section.

Nothing in these ToS grant any rights to any party under any patent, copyright, trade secret or other intellectual property right nor will these ToS grant any rights in or to the Confidential Information except as expressly set forth in these ToS.

§ 15 Personal Data and Privacy

Please refer to privacy policy for information on how BrowserStack collects, uses and discloses personal data from its users of the Services. For personal data processing on behalf of the Customer the data processing agreement applies.

§ 16 General Terms

Assignment. This Agreement will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign this Agreement without the advance written consent of the other party, except that either party may assign this Agreement in connection with a merger, reorganization, acquisition or other transfer of all or substantially all of such party’s assets or voting securities. Any attempt to transfer or assign this Agreement except as expressly authorized under this Section 12.1 will be null and void.

Severability. If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect.

Governing Laws. This Agreement will be governed by the laws of the State of California and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods. All disputes relating to or arising out of this Agreement shall be resolved in a state or federal court located in or encompassing San Mateo County, California, USA, and the parties hereby consent to the jurisdiction of such courts.

Promotional Rights: Customer agrees that BrowserStack may refer Customer’s name, trademarks, logos, Feedback, comments, suggestions, case studies, testimonials, name and pictures of individual issuing testimonials or comments in its marketing, advertising, customer references and website.

Independent Contractors. The parties to this Agreement are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.

Notice. Any notice or communication required or permitted under this Agreement will be in writing to the parties at the addresses set forth on the Order Form or at such other address as may be given in writing by either party to the other in accordance with this Section and will be deemed to have been received by the addressee (i) if given by hand, immediately upon receipt; (ii) if given by overnight courier service, the first business day following dispatch or (iii) if given by registered or certified mail, postage prepaid and return receipt requested, the second business day after such notice is deposited in the mail.

Entire Agreement. This Agreement, as may be updated from time to time, is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. Customer acknowledges that the Services are on-line, subscription-based products, and that in order to provide improved customer experience BrowserStack may make changes to the Services.

Export Control. In its use of the Services, Customer agrees to comply with all export and import laws and regulations of the United States and other applicable jurisdictions. Without limiting the foregoing, (i) Customer represents and warrants that it is not listed on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, (ii) Customer will not (and will not permit any of its users to) access or use the Services in violation of any U.S. export embargo, prohibition or restriction, and (iii) Customer will not submit to the Services any information that is controlled under the U.S. International Traffic in Arms Regulations.

Counterparts. This Agreement may be executed in counterparts, each of which will be deemed an original and all of which together will be considered one and the same agreement. Facsimile signatures, signatures on an electronic image (such as .pdf or .jpg format), and electronic signatures shall be deemed to be handwritten signatures.