Legal
Terms of use
Last updated: August 18, 2026
These AlohaJet Terms of Use (the Terms) constitute a legally binding agreement between Aloha Mobile Ltd, a company incorporated under the laws of the Republic of Cyprus (AlohaJet, we, our or us), and the individual or legal entity accepting these Terms or otherwise accessing or using the Service (Customer, you or your).
By creating an Account, downloading, installing or using the Service, accessing any API, CLI, MCP integration or other functionality, or otherwise indicating your acceptance of these Terms, you agree to be bound by them.
If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity. In such case, references to Customer or you mean that entity.
If you do not agree to these Terms, you must not access or use the Service.
1. Definitions
For purposes of these Terms:
Account means the account registered by Customer to access or administer the Service.
Actions means any navigation, browser interaction, submission, communication, transaction, authentication, API request, file transfer or other operation performed through the Service.
Affiliate means any entity directly or indirectly controlling, controlled by, or under common control with a party.
Agent means any software agent, autonomous workflow, AI assistant, application, script or other software capable of interacting with the Service.
AI Model means any large language model, multimodal model, reasoning model or other artificial intelligence model used together with the Service, whether provided by Aloha, Customer or a third party.
Authorized User means an employee, contractor or other individual authorized by Customer to access or use the Service under Customer's Account.
Browser Data means browser sessions, browser state, cookies, authentication credentials, authentication tokens, browsing history, page content, extracted information and other browser-generated or browser-processed information handled by the Service.
CLI means the AlohaJet command line interface.
Customer Content means all prompts, instructions, Browser Data, files, URLs, configurations, scripts, workflows, data and other information submitted to, generated through or otherwise processed by the Service on behalf of Customer.
Customer Systems means Customer's devices, networks, infrastructure, virtual private clouds, on-premises environments, cloud environments and other computing resources used together with the Service.
Documentation means our technical documentation, user guides, API documentation and other documentation relating to the Service.
LLM means any large language model capable of understanding or generating natural language or invoking external tools.
MCP means the Model Context Protocol or any successor protocol used by AI Models to invoke external tools.
Order Form means an ordering document, quotation, subscription confirmation or other written agreement specifying Customer's Subscription Plan.
Output means any response, extracted information, automation result, report, summary, structured data or other content generated through Customer's use of the Service.
Service means the AlohaJet software platform, including its desktop applications, browser components, APIs, SDKs, CLI tools, MCP server, Documentation, updates and related services provided by Aloha.
Subscription Plan means the commercial subscription purchased or otherwise made available to Customer.
Third-Party Services means websites, web applications, APIs, AI Models, authentication providers, cloud services or other services not owned or operated by Aloha.
2. Acceptance and Scope
These Terms govern Customer's access to and use of the Service.
Certain features, Subscription Plans, enterprise offerings, Beta Features or other services made available by AlohaJet may be subject to additional terms. In the event of any conflict between these Terms and an applicable Order Form or other written agreement executed by the parties, the Order Form or such agreement shall prevail solely with respect to the subject matter expressly addressed therein.
Customer may permit Authorized Users to access and use the Service under its Account and shall ensure that all Authorized Users comply with these Terms. Customer remains responsible for all acts and omissions of its Authorized Users and any Agent accessing or using the Service under Customer's Account or within Customer Systems.
3. Eligibility
The Service may be used by individuals and legal entities. Customer may access and use the Service only if it has the legal capacity to enter into these Terms, complies with all applicable laws and regulations in connection with its use of the Service, has obtained all rights, licences, consents and permissions necessary to use the Service and to submit or otherwise process any Customer Content through the Service, and, where Customer is acting on behalf of a legal entity or other person, has full authority to bind such entity or person to these Terms. AlohaJet may require Customer to provide information reasonably necessary to verify Customer's eligibility to use the Service or to comply with applicable law, regulatory requirements, sanctions, export control obligations or security requirements.
4. Accounts
Access to certain features of the Service may require Customer to create an Account. Customer may create an Account directly with AlohaJet or by authenticating through one or more third-party identity providers supported by Aloha. Customer shall provide accurate, complete and current account information and shall promptly update such information to ensure it remains accurate and complete.
Customer shall not create or maintain Accounts using false or misleading identity information or create multiple Accounts for the purpose of circumventing Subscription Plan limitations or other restrictions applicable to the Service.
Customer is responsible for maintaining the security and confidentiality of its Account and all credentials and authentication mechanisms used to access the Service, including credentials issued by any supported identity provider, usernames, passwords, API keys and multi-factor authentication credentials. Customer shall implement appropriate administrative, technical and organizational measures to protect its Account and credentials from unauthorized access, disclosure, alteration or loss, and shall promptly notify AlohaJet upon becoming aware of any actual or suspected unauthorized access to, or compromise of, its Account or credentials.
Customer may authorize Authorized Users to access and use the Service under its Account and shall ensure that all Authorized Users comply with these Terms. Customer remains responsible for all activities carried out through its Account by Customer, its Authorized Users or any person or software agent using Customer's credentials, except to the extent such activities result directly from AlohaJet's breach of these Terms.
AlohaJet does not administer, store, recover or otherwise manage Customer's credentials and shall not be liable for any loss, unauthorized access or compromise resulting from Customer's failure to adequately secure its Account or credentials.
5. Subscription Plans, Fees and Payment
The Service is made available under one or more Subscription Plans. The features, usage limits, support entitlements and pricing applicable to Customer's Subscription Plan are described in the applicable Order Form, pricing page or Documentation.
Customer shall pay all fees applicable to its Subscription Plan in accordance with the applicable Order Form, pricing page or other purchasing documentation. Unless expressly stated otherwise, all fees are stated in Euro, are exclusive of applicable taxes, are non-cancellable and non-refundable except as expressly provided in these Terms or required by applicable law. Customer is responsible for all applicable taxes, duties and similar governmental charges arising from its purchase or use of the Service.
If AlohaJet is unable to collect any fees when due, AlohaJet may suspend or terminate Customer's access to all or part of the Service until all outstanding amounts have been paid.
Where a Subscription Plan is offered on a recurring basis, it will automatically renew for successive subscription periods unless Customer cancels the subscription before the commencement of the next billing period or unless otherwise specified in the applicable Subscription Plan or Order Form. Customer authorizes AlohaJet, or its designated payment processor, to charge the applicable subscription fees to Customer's selected payment method on each renewal date.
Customer shall maintain accurate and current billing, contact and payment information, including its email address, payment method and payment card expiry date, and shall promptly update such information as necessary to enable AlohaJet to process payments and communicate with Customer regarding the Service.
AlohaJet may modify its pricing from time to time. Any changes to pricing will apply upon the commencement of Customer's next subscription term, unless otherwise agreed in writing or required by applicable law. AlohaJet will provide reasonable prior notice of any material pricing changes.
Free Plans and Fair Use. Where AlohaJet offers a free Subscription Plan or other promotional access to the Service, Customer shall use such offering solely in accordance with its intended purpose and any applicable usage limits. Customer shall not create or use multiple Accounts, organizations or identities, or otherwise circumvent any usage limits, quotas, technical restrictions or eligibility requirements applicable to a free Subscription Plan. AlohaJet may monitor use of free Subscription Plans to detect abuse or circumvention and may, in its reasonable discretion, suspend, restrict or terminate access to a free Subscription Plan, consolidate related Accounts, require Customer to upgrade to a paid Subscription Plan, or take any other reasonable action necessary to prevent abuse or protect the Service.
6. The Service
AlohaJet is a software platform that enables AI Models, Agents and software applications to interact with websites and web applications through browser automation. Depending on the applicable Subscription Plan, the Service may include browser automation, headed and headless browser execution, MCP integrations, CLI tools, APIs, SDKs, browser session management, workflow automation, structured data extraction, enterprise deployment options and other features or functionality made available by AlohaJet from time to time.
The Service executes Customer instructions and facilitates browser-based interactions on Customer's behalf. The Service does not independently determine the legality, appropriateness, accuracy or commercial suitability of any instruction, task or activity performed through the Service. Customer is solely responsible for determining whether the Service and any Output are suitable for Customer's intended use case and for ensuring that its use of the Service complies with applicable law and these Terms.
AlohaJet may modify, enhance, replace or discontinue any feature or functionality of the Service from time to time. Where reasonably practicable, AlohaJet will provide prior notice of any material change that is reasonably likely to adversely affect Customer's use of the Service. Nothing in these Terms obligates AlohaJet to continue making available any particular feature, functionality or integration.
AlohaJet reserves the right to implement reasonable technical, operational, rate or usage limits in relation to the Service or any Subscription Plan, including free Subscription Plans, where reasonably necessary to ensure the security, availability, stability, integrity or equitable operation of the Service. Such limits may include restrictions on requests, browser sessions, concurrent executions, storage, bandwidth or other Service resources.
AlohaJet may provide patches, bug fixes, security updates and feature enhancements for the Service. Customer acknowledges that certain updates may be installed automatically where reasonably necessary to maintain the security, compatibility, performance or stability of the Service.
7. Local Processing and Deployment
AlohaJet is designed to execute browser automation within Customer Systems, including local devices, virtual private clouds (VPCs), private networks, on-premises environments and air-gapped deployments. Unless Customer expressly enables optional cloud-based features or other functionality requiring transmission to AlohaJet, AlohaJet does not host, proxy or relay Customer's browser sessions or communications with Third-Party Services.
Customer determines and controls the AI Model used with the Service, its deployment architecture, network routing, browser configuration, storage location, security policies, and the retention of Customer Content and Browser Data.
Except where Customer expressly enables functionality requiring transmission to AlohaJet, or where limited diagnostic or operational information is transmitted in accordance with these Terms and the Privacy Policy, Browser Data remains under Customer's control and is not routinely transmitted to or processed by AlohaJet.
Customer is solely responsible for the operation, configuration, security, availability and maintenance of Customer Systems, including backups, disaster recovery, access controls, network security and compliance with Customer's internal policies.
AlohaJet is not responsible for any failure, interruption, loss or degradation of the Service arising from Customer Systems, Third-Party Services or infrastructure not owned or controlled by AlohaJet.
8. Third-Party Services
The Service is designed to interact with Third-Party Services selected by Customer. Such Third-Party Services are independent of AlohaJet and may be subject to their own terms of use, privacy policies, technical limitations, availability and operational requirements. Customer may also use the Service together with AI Models provided by Customer or third parties.
Unless expressly agreed otherwise in writing, AlohaJet does not provide, operate or control any third-party AI Model and is not responsible for the availability, performance, outputs, accuracy, reasoning, inference, pricing or other conduct of such AI Models, including any hallucinations, errors, omissions or changes made by the applicable provider.
The Service may automate interactions with websites, web applications, APIs and other services operated by third parties. AlohaJet neither owns nor controls such Third-Party Services and makes no representation or warranty regarding their availability, legality, functionality, security or continued compatibility with the Service.
Third-Party Services may contain prompts, instructions, hidden content, adversarial inputs or other materials intended to influence or manipulate AI Models or Agents. Customer acknowledges that AlohaJet does not control such content and is not responsible for any Output, action or consequence resulting from an AI Model's or Agent's interaction with such content.
Customer is solely responsible for ensuring that its access to and use of Third-Party Services through the Service complies with all applicable laws, contractual restrictions and the terms governing such Third-Party Services. Nothing in these Terms grants Customer any right to access, interact with or automate any Third-Party Service beyond the rights granted by the applicable third-party provider.
9. AI Agents and Outputs
The Service enables AI Models and Agents to perform browser-based tasks on Customer's behalf. Depending on Customer's configuration, such tasks may be performed autonomously or semi-autonomously.
Customer is solely responsible for all Actions initiated through the Service by its Agents, including navigation, authentication, form completion, data extraction, file transfers, API interactions, workflow execution and communications with Third-Party Services. Customer assumes all responsibility for configuring, supervising and controlling the operation of its Agents and AI Models, including determining the scope of their authority and implementing appropriate safeguards, permissions and human oversight. AlohaJet does not monitor, direct or control the Actions performed by Customer's Agents or AI Models and shall not be responsible or liable for any Action taken, omitted or attempted by them, or for any resulting loss, deletion, corruption, modification, disclosure, transaction, communication, interruption, system failure or other consequence arising from Customer's use of the Service.
Outputs generated through the Service may be produced in whole or in part by AI Models. Customer acknowledges that such Outputs may be inaccurate, incomplete, inconsistent between executions or affected by the limitations of the underlying AI Model. Outputs should not be relied upon without appropriate verification where accuracy is material.
The Service is a technical execution platform and does not provide legal, financial, regulatory or other professional advice. Customer remains solely responsible for all decisions, Actions and consequences arising from its use of the Service or any Output generated through the Service.
10. Acceptable Use
Customer shall not, and shall ensure that its Authorized Users and Agents do not, use the Service in violation of applicable law or regulation; access, interfere with or attempt to gain unauthorized access to any system, network or account; distribute malware, ransomware or other malicious code; engage in phishing, fraud, identity theft or other deceptive practices; infringe or misappropriate the intellectual property or other rights of any third party; process personal data in violation of applicable privacy or data protection laws; interfere with, disrupt or compromise the integrity, availability or security of the Service; use the Service in any manner that could reasonably be expected to damage, disable or impair the Service or AlohaJet's infrastructure; circumvent or attempt to circumvent any usage limits, quotas, technical restrictions, licensing controls, subscription limitations or eligibility requirements applicable to the Service or any Subscription Plan, including through the creation or use of multiple Accounts or other means intended to avoid such restrictions; use the Service for any activity prohibited under the applicable Subscription Plan or Documentation; or encourage, assist or permit any third party to engage in any of the foregoing activities.
AlohaJet may investigate suspected violations of this Section and take any action reasonably necessary to protect the Service, including restricting functionality, suspending or terminating access to the Service.
11. Customer Responsibilities
Customer is responsible for ensuring that its use of the Service complies with these Terms and all applicable laws and regulations. Customer shall obtain and maintain all rights, licences, permissions, consents and authorizations necessary for its use of the Service and for the submission and processing of Customer Content through the Service.
Customer shall implement appropriate administrative, technical and organizational measures to protect Customer Systems, Authorized Users and Customer's use of the Service. Customer is solely responsible for determining the level of human oversight appropriate for its intended use of the Service and shall independently verify Outputs before relying on them where accuracy or reliability is material. Decisions involving legal, financial, regulatory or other material consequences shall remain subject to appropriate human review and approval.
Customer is responsible for ensuring that all prompts, instructions, workflows and other Actions initiated through the Service are lawful and appropriate for Customer's intended use. Customer acknowledges that the Service executes Customer instructions and does not independently evaluate whether such instructions are lawful, accurate, safe or appropriate.
AlohaJet will implement commercially reasonable technical and organizational measures designed to protect the security of the Service under its control. Each party shall promptly notify the other upon becoming aware of any security incident materially affecting the Service or the other party's systems in connection with these Terms, to the extent such notification is reasonably necessary.
12. Intellectual Property
The Service, including all software, source code, object code, APIs, SDKs, Documentation, user interfaces, designs, algorithms, databases, trademarks, trade names and all related intellectual property rights, is and shall remain the exclusive property of AlohaJet and its licensors. Except for the limited licence expressly granted under these Terms, no rights are granted to Customer by implication, estoppel or otherwise.
Subject to Customer's compliance with these Terms and payment of all applicable fees, AlohaJet grants Customer, during the applicable subscription term, a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install, access and use the Service for Customer's own use in accordance with these Terms.
Except as expressly permitted by these Terms or applicable law, Customer shall not, directly or indirectly, copy, modify or create derivative works of the Service; reverse engineer, decompile or otherwise attempt to discover the source code of the Service; sell, sublicense, lease, rent or otherwise commercially exploit the Service; remove or alter any proprietary notices; use the Service or any Output generated through it to benchmark, replicate, develop, train or improve any competing browser automation platform, browser infrastructure service or substantially similar product or service; circumvent any technical limitations or security measures implemented by AlohaJet; permit unauthorized access to the Service; or otherwise use the Service in a manner inconsistent with these Terms.
As between AlohaJet and Customer, and subject to any rights of applicable third-party AI Model providers, Customer retains any intellectual property rights it may have in Outputs generated through its authorized use of the Service. Customer acknowledges that Outputs may not be unique, that substantially similar Outputs may be generated for other customers, that Outputs may incorporate publicly available information, and that AlohaJet does not warrant that any Output is eligible for copyright or other intellectual property protection.
Certain components of the Service may be made available under applicable open-source software licences. To the extent required by such licences, the applicable open-source licence terms shall govern Customer's use of those components.
Except as expressly permitted by these Terms or with AlohaJet's prior written consent, Customer shall not use AlohaJet's name, trademarks, logos, trade names, product names, service names, designs, branding or other proprietary identifiers in any manner that suggests sponsorship, endorsement, affiliation or association with Customer or any third party. All other trademarks, logos, product names and service names displayed or used in connection with the Service are the property of their respective owners.
13. Customer Content
As between the parties, Customer retains all right, title and interest in and to Customer Content. Nothing in these Terms transfers ownership of Customer Content to AlohaJet.
To the extent Customer Content is transmitted to or processed by systems controlled by AlohaJet, Customer grants AlohaJet a limited, non-exclusive, worldwide, royalty-free licence to access, process, reproduce, transmit and otherwise use such Customer Content solely to the extent reasonably necessary to provide, maintain, secure, support and improve the Service, comply with applicable law and enforce these Terms.
Where Customer deploys the Service entirely within Customer Systems and Customer Content is not transmitted to AlohaJet, no licence is granted except to the limited extent necessary to provide support expressly requested by Customer.
Customer represents and warrants that it has obtained and will maintain all rights, licences, permissions, consents and legal authority necessary to submit Customer Content to the Service and to authorize its processing in accordance with these Terms.
Where Customer uses the Service to collect, access or extract information from Third-Party Services, Customer is solely responsible for ensuring that such activities comply with applicable law, intellectual property rights, contractual restrictions, privacy obligations and the terms governing those Third-Party Services.
If Customer provides AlohaJet with any suggestions, enhancement requests, recommendations or other feedback relating to the Service (Feedback), Customer grants AlohaJet a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, royalty-free and fully paid-up licence to use, reproduce, modify, distribute, commercialize and otherwise exploit such Feedback without restriction or compensation. AlohaJet shall have no obligation to implement any Feedback.
14. Privacy and Diagnostic Data
Any processing of personal data by AlohaJet is governed by AlohaJet's Privacy Policy and, where applicable, a Data Processing Agreement between the parties.
To operate, maintain, support, secure and improve the Service, AlohaJet may collect and process diagnostic, operational, aggregated and de-identified information relating to the installation, operation and performance of the Service, including technical performance metrics, workflow execution data, browser automation telemetry, system logs, crash reports and other operational information. AlohaJet may use such information for product development, testing, quality assurance, security, analytics and to develop, test and improve the Service, including its browser automation capabilities, behavioural models and related technologies, provided that such information does not identify Customer or disclose Customer Confidential Information except as permitted by these Terms, the Privacy Policy or applicable law.
Unless Customer expressly enables functionality requiring such transmission, or voluntarily provides such information (including as part of a support request), diagnostic information will not routinely include Customer Content or Browser Data.
Where the Service includes optional diagnostic or crash reporting functionality, Customer may enable or disable such functionality in accordance with the Documentation.
15. Beta Features
AlohaJet may designate certain features or functionality as alpha, beta, preview, early access or experimental (Beta Features). Beta Features are provided solely for evaluation and testing purposes and may be modified, suspended or discontinued at any time without notice.
Unless otherwise expressly agreed in writing, Beta Features are provided AS IS and AS AVAILABLE, may contain errors, defects or incomplete functionality, and are not subject to any service level commitments, maintenance obligations or support commitments. Customer uses Beta Features entirely at its own risk. Customer shall not use Beta Features in production environments or for mission-critical operations unless AlohaJet expressly agrees otherwise in writing.
16. Suspension
AlohaJet may suspend or restrict Customer's access to all or any part of the Service immediately upon written notice if AlohaJet reasonably determines that Customer has materially breached these Terms, Customer's use of the Service poses a material security risk to the Service or any third party, suspension is necessary to comply with applicable law or a binding order of a governmental authority, Customer has failed to pay any undisputed fees when due following any applicable notice period, or the continued provision of the Service would reasonably be expected to expose AlohaJet to material legal or regulatory liability.
Where reasonably practicable, AlohaJet will provide Customer with prior notice of the suspension and an opportunity to remedy the applicable issue before suspending or restricting access to the Service.
During any period of suspension, Customer's right to access and use the affected portion of the Service shall remain suspended, and Customer shall remain responsible for all fees accrued prior to or during the suspension unless otherwise agreed in writing.
Suspension shall not limit AlohaJet's right to terminate these Terms or pursue any other remedy available under these Terms or applicable law.
17. Termination
Customer may terminate these Terms at any time by discontinuing its use of the Service and, where applicable, cancelling its Subscription Plan in accordance with the applicable Order Form or Subscription Plan. Termination does not relieve Customer of any obligation to pay fees accrued before the effective date of termination.
AlohaJet may terminate these Terms immediately upon written notice if Customer materially breaches these Terms and fails to remedy such breach within thirty (30) days after receiving written notice, becomes insolvent, enters liquidation or becomes subject to bankruptcy or similar proceedings, repeatedly violates these Terms in a manner demonstrating an unwillingness or inability to comply with them, or where AlohaJet is required by applicable law to discontinue providing the Service.
Upon termination, all licences granted under these Terms shall immediately terminate, Customer shall cease using the Service, and Customer shall pay all amounts due and payable as of the effective date of termination.
The rights and obligations of the parties that by their nature are intended to survive termination, including those relating to Intellectual Property, Customer Content, Confidentiality, Privacy and Diagnostic Data, Warranties and Disclaimers, Limitation of Liability, Indemnification, Export Controls and General, shall survive termination.
18. Warranties and Disclaimers
Each party represents and warrants that it has full power and authority to enter into these Terms, that these Terms constitute a valid and binding agreement enforceable against it in accordance with their terms, and that its execution and performance of these Terms do not violate any agreement by which it is bound.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALOHAJET DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR THAT THE SERVICE, ANY AI MODEL, AGENT OR OUTPUT WILL OPERATE WITHOUT INTERRUPTION, ERROR OR OMISSION.
Without limiting the foregoing, AlohaJet does not warrant that Outputs will be accurate, complete or suitable for Customer's intended purpose, that Agents will successfully complete requested tasks, that Third-Party Services or AI Models will remain continuously available, compatible or operate consistently, or that use of the Service will achieve any particular commercial, legal, regulatory or operational outcome.
The Service is a technical execution platform and nothing provided through the Service shall be construed as legal, financial, medical or other professional advice.
19. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR CUSTOMER'S PAYMENT OBLIGATIONS, CUSTOMER'S OBLIGATIONS UNDER SECTION 20 (INDEMNIFICATION), A PARTY'S FRAUD, GROSS NEGLIGENCE OR WILFUL MISCONDUCT, OR LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO ALOHAJET UNDER THESE TERMS DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
To the maximum extent permitted by applicable law, no action arising out of or relating to these Terms may be brought more than one (1) year after the cause of action accrued.
20. Indemnification
Customer shall defend, indemnify and hold harmless AlohaJet, its Affiliates and their respective directors, officers, employees and agents from and against any third-party claim, action, proceeding, liability, damage, judgment, settlement, cost or expense (including reasonable legal fees) arising out of or relating to Customer's breach of these Terms, violation of applicable law, infringement or misappropriation of any third-party intellectual property or other rights, use of the Service, or Customer Content. AlohaJet shall promptly notify Customer of any claim for which indemnification is sought and shall reasonably cooperate in the defence of such claim at Customer's expense. Customer shall not settle any claim in a manner that admits liability on behalf of, or imposes any obligation upon, AlohaJet without AlohaJet's prior written consent, such consent not to be unreasonably withheld, conditioned or delayed.
21. Export Controls
Customer shall comply with all applicable export control, sanctions, trade and economic embargo laws and regulations. Customer represents and warrants that neither Customer nor any Authorized User is prohibited from accessing or using the Service under any applicable export control or sanctions laws. Customer shall not export, re-export, transfer or otherwise make the Service available in violation of any applicable export control or sanctions laws.
22. General
These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, excluding its conflict of laws principles. The courts of the Republic of Cyprus shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms, unless the parties expressly agree otherwise in writing.
Customer may not assign or otherwise transfer these Terms or any of its rights or obligations under these Terms without AlohaJet's prior written consent, except in connection with a merger, corporate reorganization or the sale of all or substantially all of Customer's assets, provided that the permitted successor agrees in writing to be bound by these Terms. AlohaJet may assign these Terms to an Affiliate or in connection with a merger, acquisition or sale of all or substantially all of its business or assets upon written notice to Customer.
Neither party shall be liable for any delay or failure to perform its obligations under these Terms (other than payment obligations) to the extent caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, governmental action, labour disputes, widespread internet or telecommunications failures, cyberattacks or failures of third-party infrastructure.
Each party shall keep confidential all non-public information disclosed by the other party in connection with the Service that is identified as confidential or that would reasonably be understood to be confidential by its nature or the circumstances of disclosure. This obligation shall not apply to information that is or becomes publicly available without breach of these Terms, was lawfully known to the receiving party before disclosure, is lawfully obtained from a third party without a duty of confidentiality or is independently developed without reference to the disclosing party's confidential information. A party may disclose confidential information where required by applicable law, regulation or a court or governmental authority, provided that, where legally permitted, it gives prior notice to the other party.
If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal or unenforceable provision shall be interpreted or replaced to the minimum extent necessary to give effect to the parties' original intent. No failure or delay by either party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy or any other right or remedy.
These Terms, together with any applicable Order Form, Subscription Plan, Privacy Policy, Data Processing Agreement (where applicable) and any documents expressly incorporated by reference, constitute the entire agreement between the parties with respect to the Service and supersede all prior or contemporaneous proposals, negotiations, representations and agreements relating to their subject matter.
AlohaJet may amend these Terms from time to time. Any material amendments will become effective upon reasonable prior notice to Customer. Customer's continued use of the Service after the effective date of the amended Terms constitutes acceptance of the revised Terms.
Any notice required or permitted under these Terms shall be in writing and may be delivered by email, through the Service or by any other method agreed by the parties. Notices to Customer may be sent to the email address associated with Customer's Account.
Customer may obtain support and submit enquiries regarding the Service or these Terms by contacting AlohaJet at team@alohabrowser.com or through any support channels identified in the Documentation or on AlohaJet's website.