Terms of Service

1. Overview

LogDog offers a suite of software-as-a-service solutions designed to identify, monitor and alert Customer to problems that are occurring in a Customer Application. These Services include error monitoring, performance monitoring and other application monitoring solutions. Customer uses SDKs to bundle Service Data about the Customer Application and send that Service Data to the Service.

2. The Service

2.1 Permitted Use

During the Subscription Term, Customer may access and use the Service only for its internal business purposes in accordance with any Scope of Use and the Documentation, the Acceptable Use Policy and this Agreement.

2.2 Users

Only Users may access or use the Service. The Service is not intended for and should not be used by anyone under the age of 16. Customer must ensure that all its Users are over 16 years old. Each User must keep login credentials confidential and not share them with anyone else.

2.3 Restrictions

Customer will not (and will not authorize anyone else to) do any of the following: (a) provide access to (except for Users), distribute, sell or sublicense the Service to a third party, (b) use the Service on behalf of, or to provide any product or service to, third parties, (c) use the Service to develop a similar or competing product or service, (d) reverse engineer, decompile, disassemble or seek to access the source code or non-public APIs to the Service, (e) modify or create derivative works of the Service or copy any element of the Service, (f) remove or obscure any proprietary notices in the Service, (g) publish benchmarks or performance information about the Service, (h) interfere with the Service's operation, circumvent its access restrictions or conduct any security or vulnerability test of the Service or (i) transmit any viruses or other harmful materials to the Service.

3. Customer Obligations

Customer is responsible for its Users' compliance with this Agreement and actions taken through their accounts. Customer will: (a) use commercially reasonable efforts to prevent unauthorized access to or use of the Service, and notify LogDog promptly of any such unauthorized access or use, (b) use the Service only in accordance with the Documentation and applicable laws and government regulations, and (c) comply with terms of service of any Third-Party Platforms with which Customer uses the Service.

4. Data Protection

4.1 Service Data

Customer owns all Service Data. Customer grants LogDog a worldwide, non-exclusive license to host, copy, transmit, display and process Service Data to provide the Service and to otherwise fulfill its obligations under this Agreement. Subject to the limited licenses granted herein, LogDog acquires no right, title or interest from Customer or its licensors under this Agreement in or to any Service Data.

4.2 Data Use

LogDog may use Service Data to provide and maintain the Service, to prevent or address service or technical problems, to respond to Customer support requests, and otherwise to fulfill its obligations under this Agreement. LogDog may also use Service Data in an aggregated and anonymized form for research, development, analytics and marketing purposes, including to improve the Service.

4.3 Security

LogDog will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Service Data. Those safeguards will include, but will not be limited to, measures designed to prevent unauthorized access to or disclosure of Service Data.

5. Intellectual Property Rights

LogDog and its licensors own and will retain all right, title and interest in and to the Service, including all intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein. Customer acknowledges that the Service contains valuable trade secrets and proprietary information of LogDog, that any actual or threatened breach of Section 2.3 (Restrictions) will constitute immediate, irreparable harm to LogDog for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for such breach.

6. Fees and Payment

6.1 Fees

Customer will pay all fees specified in Orders. Except as otherwise specified herein or in an Order, (a) fees are based on Service subscriptions purchased and not actual usage, (b) payment obligations are non-cancelable and fees paid are non-refundable, and (c) quantities purchased cannot be decreased during the relevant Subscription Term.

6.2 Fees and Taxes

Fees are as described in each Order. Fees are invoiced on the schedule in the Order. Unless the Order provides otherwise, all fees are due within 30 days of the invoice date. Fees for renewal Subscription Terms are at LogDog's then-current rates, regardless of any discounted pricing in a prior Order. Except as expressly otherwise set forth herein, all fees are non-refundable.

7. Term and Termination

This Agreement starts on the Effective Date and continues until expiration, cancellation or termination of all Subscription Terms. Either party may terminate this Agreement if the other party fails to cure a material breach of this Agreement within 30 days after notice.

8. Ownership

Neither party grants the other any rights or licenses not expressly set out in this Agreement. Except for LogDog's use rights in this Agreement, between the parties Customer retains all intellectual property and other rights in Service Data provided to LogDog. Except for Customer's use rights in this Agreement, LogDog and its licensors retain all intellectual property and other rights in the Service and related LogDog technology.

9. Limitations of Liability

Except for Excluded Claims, neither party (nor its suppliers) will have any liability arising out of or related to this Agreement 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 their possibility in advance.

10. Confidentiality

"Confidential Information" means information disclosed to the receiving party under this Agreement that is designated by the disclosing party as proprietary or confidential or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. LogDog's Confidential Information includes the terms and conditions of this Agreement and any technical or performance information about the Service. Customer's Confidential Information includes Service Data.

11. General Terms

This Agreement is governed by the laws of Germany without regard to conflicts of laws provisions. The jurisdiction and venue for actions related to this Agreement will be the courts located in Karlsruhe, Germany, and both parties submit to the personal jurisdiction of those courts.

If you have any questions about these Terms of Service, please contact us at support@logdog.app.