Terms of Use | Kepler

Welcome to Kepler, a browser extension and standalone browser developed by Momentium Pty. Ltd. (“Provider,” “we,” “us,” or “our”). These Terms of Use (“Terms”) govern your access and use of Kepler, including all associated features, content, and updates.

By installing, accessing, or using Kepler, you (“User,” “you,” or “your”) agree to be bound by these Terms. If you do not agree with these Terms, please uninstall Kepler and discontinue use immediately.

1. Acceptance of Terms

By accessing or using Kepler, you acknowledge that you have read, understood, and agree to comply with these Terms, our Privacy Policy, and any additional guidelines or terms applicable to Kepler.

2. Provider Information

Kepler is operated by Momentium Pty. Ltd., an Australian company incorporated in the state of Victoria, with ABN 21621864864 and registered office at 11/580 Collins Street, Melbourne 3000, Victoria.

3. Eligibility

To use Kepler, you must:

Be at least 18 years old or have the consent of a legal guardian;
Have the legal authority to enter into these Terms;
Comply with all applicable laws and regulations.

4. License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use Kepler for personal or commercial purposes in accordance with these Terms.

5. General Usage Rules

You must not use the Services in any way that:

Causes or may cause damage to the Services or impairment of their availability or accessibility;
Is unlawful, illegal, fraudulent, deceptive, or harmful;
Relates to any unlawful, illegal, fraudulent, deceptive, or harmful purpose or activity.

You must ensure that all Content complies with these Terms.

6. Prohibited Uses

You agree not to use Kepler for any unlawful or prohibited purpose, including but not limited to:

Reverse engineering, decompiling, or tampering with Kepler’s software;
Violating any applicable local, state, national, or international law;
Engaging in fraudulent or harmful activities;
Distributing, modifying, or reproducing Kepler without authorization;
Introducing viruses, malware, or other harmful software.

7. Marketing and Spam

You must not, without our written permission:

Use the Services for any purpose relating to the marketing, advertising, promotion, sale, or supply of any product, service, or commercial offering.

Content must not constitute or contain spam, and you must not use the Services to store or transmit spam, including all unlawful marketing communications and unsolicited commercial communications.

You must not:

Send spam or other marketing communications to any person using any email address or other contact details made available through the Services;
Promote, host, or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, “get rich quick” schemes, or similar schemes;
Use the Services in any way that may result in the blacklisting of any of our IP addresses.

8. User Account (if applicable)

If you create an account to access certain features of Kepler:

You are responsible for maintaining the confidentiality of your account credentials;
You must notify us immediately of any unauthorized access to your account;
We reserve the right to suspend or terminate your account for violations of these Terms.

9. Updates and Modifications

We may update, modify, or discontinue Kepler (or any part of it) at any time, with or without notice. We are not liable for any resulting downtime or changes.

10. Fees and Payments

Kepler may offer free and paid versions or subscriptions. If fees apply:

You agree to pay the applicable fees in a timely manner;
We may modify the pricing structure with notice to you;
Subscription fees are non-refundable unless otherwise specified.

11. Privacy Policy

Your use of Kepler is subject to our Privacy Policy, which explains how we collect, use, and protect your information.

12. Intellectual Property

All intellectual property rights in Kepler, including but not limited to software, graphics, and branding, are owned by Momentium Pty. Ltd. or its licensors.

13. Disclaimer of Warranties

Kepler is provided “as is” and “as available.” We make no warranties, express or implied, regarding its functionality, availability, or suitability for your intended purpose.

14. Limitation of Liability

To the fullest extent permitted by law, Momentium Pty. Ltd. shall not be liable for any direct, indirect, incidental, or consequential damages arising out of or related to your use or inability to use Kepler.

15. Limitations and Exclusions of Liability

15.1 General Provisions

To the extent permitted by applicable law:

(a) Momentium Pty. Ltd. shall not be liable for death or personal injury except where caused by its negligence;

(b) Momentium Pty. Ltd. shall not be liable for fraud or fraudulent misrepresentation;

(d) Nothing in this Agreement shall be construed as imposing liability beyond what is required by law.

15.2 Application of Limitations

The limitations and exclusions of liability set out in this Clause 15 and elsewhere in this Agreement:

(a) are subject to Clause 15.1; and

(b) govern all liabilities arising under this Agreement or relating to the subject matter of this Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this Agreement.

15.3 Specific Exclusions

(a) The Provider shall not be liable to the Customer in respect of any losses arising out of a Force Majeure Event.

(b) The Provider shall not be liable to the Customer in respect of any loss of profits or anticipated savings.

(d) The Provider shall not be liable to the Customer in respect of any loss of use or production.

(e) The Provider shall not be liable to the Customer in respect of any loss of business, contracts or opportunities.

(f) The Provider shall not be liable to the Customer in respect of any loss or corruption of any data, database or software.

(g) The Provider shall not be liable to the Customer in respect of any special, indirect or consequential loss or damage.

15.4 Liability Cap

The liability of the Provider to the Customer under this Agreement in respect of any event or series of related events shall not exceed the greater of:

(a) The total amount paid and payable by the Customer to the Provider under this Agreement in the 12-month period preceding the commencement of the event or events.

16. Indemnification

You agree to indemnify and hold harmless Momentium Pty. Ltd., its officers, employees, and affiliates from any claims, damages, or expenses arising from your use of Kepler or your violation of these Terms.

17. Termination

We reserve the right to suspend or terminate your access to Kepler at any time, with or without notice, for any reason, including violation of these Terms.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts in Victoria.

19. Changes to Terms

We may update these Terms from time to time. Continued use of Kepler after changes constitute your acceptance of the updated Terms.

20. Contact Information

For questions, concerns, or support, please contact us at:

Momentium Pty. Ltd.

11/580 Collins Street, Melbourne 3000, Victoria, Australia

ABN: 21621864864

Email: support@keplerbrowser.com