The Errlytics Terms of Service are between errlytics.com ("we" or "ErrLytics") and the customer who orders the Errlytics services ("you" or "Customer"). By using the errlytics.com website or any services described on the airbrake.com website ( collectively, "Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").
Violation of any of the terms below will result in the termination of your Account. Errlytics prohibits certain conduct on the Service as described below. You understand and agree that Errlytics cannot be responsible for conduct or activity on the Service or for "Content" transmitted, posted, or stored using the Service. You agree to use the Service at your own risk. For the purposes of this agreement "Content" means information, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images to which you may have access as part of, or through your use of, the Service.
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you acknowledge that you have reviewed and accept the terms of service, agree to become bound by its terms, and certify that you are an authorized representative of the entity purchasing the service, and that you have the right and authority to enter into this agreement on the entity's behalf.
Subject to the terms of this Agreement and proper payment to ErrLytics, ErrLytics grants you a non-exclusive, non-transferable, limited right to use the software (“Software”) and Services solely for your own internal business purposes for the term of this Agreement. You will not (and you will not allow any thirty party to) copy, distribute, rent, lease, transfer or sublicense all or any portion of the Software to any third party; modify or prepare derivative works of the Software; use the Software in any commercial context or for any commercial purpose or in any commercial product including reselling the Software; use the Software in any manner that threatens the integrity, performance or availability of the Software; or reverse engineer, decompile, or disassemble the Software.
You grant ErrLytics a worldwide right to use, store, and reproduce the data gathered by ErrLytics of your website (the “Data”) as necessary for ErrLytics to (i) create reports or statistics of the Data for you; (ii) provide Service to you; and (iii) create reports or statistics using the Data in the aggregate, provided that no such report identifies you by name or other distinguishing mark.
You acknowledge that the Software is the exclusive property of ErrLytics. ErrLytics retains all rights, title and interest in and to copyrights, trade secrets, trademarks and other intellectual property rights in the Services and you shall not acquire any right, title, or interest in the Software, except the right to use it in accordance with this Agreement.
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Settings link in the global navigation bar at the top of the screen, and going into the Account Settings tab. Under Account Settings, there is a cancel button in the upper right of the settings bar.
All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is canceled.
If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
Either party may terminate this Agreement at any time with notice. Upon termination ErrLytics will stop providing and you will stop accessing Services. In the event of any termination you will not be entitled to any refunds or any other fees. This Agreement will automatically terminate if you do not comply with any terms or conditions of this Agreement, including paying for the Services.
ErrLytics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ErrLytics Site (errlytics.com) or the Service itself.
ErrLytics shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service
To the fullest extent permitted by applicable law, except as expressly provided for in this agreement, the software and services are being provided “as is” without warranty of any kind. ErrLytics does not warrant that the service will meet customer's requirements. ErrLytics hereby disclaims all warranties, express, implied, or statutory, including, without limitation, all implied warranties of merchantability and fitness for a particular purpose, and any warranties as to non-infringement.
ErrLytics' entire liability under, for breach of, or arising out of this agreement, is limited to the payments actually made by the customer for the service during the twelve (12) months prior to the date of the event giving rise to any liability. under no circumstances and under no legal theory, tort, contract, or otherwise, shall ErrLytics be liable to you or any other person for any indirect, special incidental, exemplary, punitive or consequential damages of any kind, including without limitation, lost profits, losses or expenses, whether or not ErrLytics was advised of, knew of should have known of the possibility of such loss or damage.
You agree to indemnify and hold ErrLytics, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Services provided under this Agreement. This indemnity obligation will survive the expiration or termination of this Agreement by either party for any reason.
ErrLytics acknowledges that you may disclose non-public, confidential information to ErrLytics under this Agreement and you acknowledge that the Software and Services provided to you, and the terms and conditions of this Agreement are confidential and proprietary to ErrLytics. Each party agrees to take all reasonably necessary action, including appropriate instructions and agreements with employees and agents, to protect such confidential and proprietary information of the other party from unauthorized disclosure. In the event of any breach of this section, each party acknowledges that the non-breaching party would suffer irreparable harm and shall therefore be entitled to seek injunctive relief without the necessity of posting bond. You also acknowledge that infringement or unauthorized copying of the intellectual property of ErrLytics would cause irreparable harm to ErrLytics.
You are permitted to state publicly that you are a Subscriber of ErrLytics. You agree that ErrLytics may include your name and trademarks in a list of ErrLytics Customers, online or in promotional materials. You also agree that ErrLytics may verbally reference you as a customer of the Service. You may opt out of the provisions in this Section by e-mailing a request to firstname.lastname@example.org.
This Agreement is the complete and exclusive statement of the agreement between us concerning its subject matter and supersedes all prior agreements and representations between the parties. Any waiver of or modification to the terms of this Agreement will not be effective unless executed in writing and signed by ErrLytics. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding shall not affect the validity of the other provisions of this Agreement. The software is controlled by U.S. Export Regulations, and it may not be exported to or used by embargoed countries or individuals.
ErrLytics reserves the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
Last Updated: 1st March, 2016