By using the airbrake.io website or any services described on the airbrake.io website (collectively, the "Service"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").  The Service is owned by Airbrake Technologies, Inc. (“we” or “Airbrake”).  The Service is offered subject to your acceptance without modification of the Terms of Service, and all other policies and operating rules that may be published from time to time on the airbrake.io website (the “Site”), including Airbrake’s Privacy Policy [https://airbrake.io/privacy] and Data Processing Addendum [https://www.airbrake.io/privacy/data-processing-agreement] (collectively, this “Agreement”), whether or not you are the registered customer who orders the Service.

Please read these Terms of Service carefully before accessing or using the Service. By accessing or using any part of the Site or the Service, you agree to become bound by this Agreement. If you do not agree to this Agreement, then you may not access the Service. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “you” and “your” will refer to that company or other legal entity.

Account Terms

YOUR AIRBRAKE ACCOUNT.

• Eligibility. In order to use the Service, you must (i) be 16 years or older, (ii) provide your legal full name, a valid email address, and any other information requested in order to complete the signup process, and (iii) be a human (i.e., accounts registered by "bots" or other automated methods are not permitted).
• Security. You are responsible for maintaining the security of your account and password. Airbrake cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.  You must immediately notify Airbrake of any unauthorized uses of your account or any other breaches of security. Airbrake will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
• Content. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
• You are fully responsible for all activities that occur under the Account and any other actions taken in connection with your account. Individual login credentials may only be used by one person.  One set of login credentials may not be shared by multiple people.  However, you may create separate logins for as many people as the plan for your account permits

API.

• Customers may access their Airbrake account data via an API (Application Program Interface) as part of the Service. Any use of the API, including use of the API through a third-party product that accesses Airbrake, is bound by the terms of this agreement plus the following specific terms:
• Abuse or excessively frequent requests to Airbrake via the API may result in the temporary or permanent suspension of your account's access to the API. Airbrake, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension. You may not share API tokens to exceed Airbrake's rate limitations. All use of the Airbrake API is subject to these Terms of Service.
• Technical support is only provided to paying account holders.

PLANS & PAYMENT.

• Paid Plans. Airbrake offers various paid subscription and pricing plans, as more fully described at https://airbrake.io/pricing (“Paid Plans”).  You may subscribe on a monthly or annual basis.  Each plan type sets forth a maximum number of errors or events (collectively, “Units”) to be processed each month, with excess Units charged at the specified “on-demand” rate for such Unit type.
• Free Plan & Free Trial. A free version of the Service is available for a limited number of Units per month, as more fully described at https://airbrake.io/pricing. In addition, Airbrake offers a limited duration free trial plan which you may register for via the Site.
• Credit Card. Unless otherwise agreed to by Airbrake in writing, you provide Airbrake with valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs use of the designated credit card account, and must refer to that agreement and not these Terms of Service to determine its rights and responsibilities. By providing Airbrake with your credit card number and associated payment information, you agree that we are authorized to immediately invoice your account for all fees and charges due and payable to Airbrake hereunder and that no additional consent is required. You agree to immediately notify us of any change in your billing address or credit card used for payment hereunder.
• On-Demand Fees. Should you exceed the maximum number of Units allowed for a plan, you will be charged an on-demand fee for all overage Units collected within the plan period. Airbrake does offer the ability to set a predetermined "Usage Cap" which would limit the capture of any Units above and beyond the said cap, limiting any on-demand overage fees should you wish not to collect all the errors and/or events within your environment. More details can be found at https://docs.airbrake.io/docs/faq/usage-caps/.   On-demand fees for errors under an error monitoring plan and for events under a performance monitoring plan, if applicable, are calculated separately.
• Auto-Renewal. If you have chosen a Paid Plan with a monthly subscription period then we automatically renew your Paid Plan each month. If you have chosen a Paid Plan with an annual subscription period then we automatically renew your Paid Plan in the first month of your next annual plan year. You may opt-out of any automatic renewal by canceling your account prior to the next monthly or annual subscription period (“Subscription Period”).  Please see section 4(c) below for instructions on canceling your account.
• Payment Terms. For Paid Plans, we will charge the subscription fee applicable to your pricing tier and any applicable on-demand fees (the “Fees”) automatically to your credit card saved in your profile at the start of each Subscription Period (monthly or annual). Fees are non-cancellable and non-refundable.
• Downgrades. Downgrading your Service plan tier from a higher number of maximum daily events processed to a lower number of maximum daily events processed, or from a Paid Plan to a free plan, may cause the loss of content, features, or capacity of your account. Airbrake does not accept any liability for such loss.  For any downgrades in your Service plan tier, the credit card you provided will be charged automatically for any on-demand Units accumulated during the then current Subscription Period, and your new Subscription Period will start the day of the downgrade. Your account will be credited with a prorated amount equal to the unused portion of the Service for the remainder of the prior Subscription Period before the downgrade election. This credit balance will be applied to future Airbrake charges until it is fully utilized. We do not offer refunds for downgrades.
• Upgrades. In the event that you upgrade your Service plan tier, a new Subscription Period shall commence as of the effective date of such upgrade and you will be billed for such Subscription Period; provided, that, you will receive a pro-rated credit for any unused portion of the previous Subscription Period.  You will also be charged for any on-demand Units your account had accumulated above your prior plan limit prior to the effective date of the upgrade. Your billing cycle will reset as of the upgrade effective date and you will have full access to all features of the new plan level.
• In the event that you subscribe to both an error monitoring plan and performance (event) monitoring plan, the billing cycles for each plan shall be coterminous.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on Airbrake’s income.
• Airbrake reserves the right to modify prices with thirty (30) days advanced notice by posting the new pricing at https://airbrake.io/pricing; provided, that any price changes shall not in any event apply to your then current Subscription Period.

TERMINATION.

• By Customer. You may cancel your account at any time by modifying your subscription in the Account and Billing settings within your account.  Termination is effective at the end of your then current Subscription Period.
• By Airbrake. Airbrake reserves the right to terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Airbrake will make a reasonable attempt via email to warn the account owner prior to termination and, unless such termination is the result of your breach of these Terms of Service, will promptly refund Customer any prepaid fees for the remainder of the then-current Subscription Period.
• Termination of the Service may result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account.

CHANGES.

• Airbrake reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
• Airbrake may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
• Airbrake 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.

INTELLECTUAL PROPERTY.

• The name and logos for Airbrake are trademarks of Airbrake. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Airbrake You may not use the Airbrake name without express written permission from Airbrake.
• This Agreement does not transfer from Airbrake to you any Airbrake or third party intellectual property, and all right, title and interest in and to such property will remain solely with Airbrake.
• Airbrake claims no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.

CUSTOMER OBLIGATIONS.

• Representations and Warranties. You represent and warrant that (i) your use of the Service will be in strict accordance with the Airbrake Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.
• Restrictions.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Airbrake.
• You may not modify, adapt or hack the Service or modify another website to falsely imply that it is associated with the Service or Airbrake.
• You may not access the Service for the purpose of bringing an intellectual property infringement claim against Airbrake or for the purpose of creating a product or service competitive with the Airbrake Service.
• You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
• You must not transmit any worms or viruses or any code of a destructive nature.
• Customer Content. You understand and agree that Airbrake cannot be responsible for conduct or activity on the Service or for Content (as hereafter defined) transmitted, posted, or stored using the Service. 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.  Airbrake does not pre-screen Content, but Airbrake and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement
• Indemnity. You agree to indemnify and hold harmless Airbrake, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.

DISCLAIMERS.

• You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
• The Service is provided “as is”. Airbrake and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Airbrake nor its suppliers and licensors, makes any warranty that the Service will be error-free or that access thereto will be continuous or uninterrupted.
• You understand that Airbrake uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
• You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various internal networks within our secure environment; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

LIMITATION OF LIABILITY.

In no event will Airbrake, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Airbrake under this Agreement during the six (6) month period prior to the cause of action. Airbrake shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

DATA PROCESSING AGREEMENT.  

If Customer is established in the European Economic Area, which is comprised of the member states of the European Union and Norway, Iceland and Liechtenstein, as well as, for the purposes of this Agreement, the United Kingdom (collectively, the “EEA”) or Switzerland or will be providing Personal Data of data subjects located therein for processing by Airbrake, the parties hereby agree to comply with the terms of the Data Processing Addendum set forth at https://airbrake.io/privacy/data-processing-agreement (the “DPA”). For the avoidance of doubt, the DPA shall only apply if and to the extent Customer is established within the EEA or Switzerland and/or to the extent Airbrake “Processes” (as such term is defined in the DPA) Personal Data of data subjects located in the EEA or Switzerland on behalf of Customer or a Customer Affiliate under this Agreement.

CONFIDENTIALITY.

• Confidential Information. “Confidential Information” means all written and oral information, disclosed by either party to the other, related to the operations of either party or a third party that has been identified as confidential or that by the nature of the information or the circumstances surrounding disclosure ought reasonably to be treated as confidential. The parties acknowledge that during the performance of this Agreement, each party will have access to certain of the other party’s Confidential Information. With the exception of Feedback, Confidential Information is proprietary to the disclosing party or such third party, as applicable, and will remain the sole property of the disclosing party or such third party. Each party agrees as follows: (i) to use the Confidential Information only for the purposes described herein; (ii) that such party will not reproduce the Confidential Information and will hold in confidence and protect the Confidential Information from dissemination to, and use by, any third party; (iii) that, except as required in performance of a party’s obligations under this Agreement, neither party will create any derivative work from Confidential Information disclosed to such party by the other party; (iv) to restrict access to the Confidential Information to such of its personnel, agents and consultants, if any, who have a need to have access and who have been advised of and have agreed in writing or are otherwise bound to treat such information in accordance with the terms of this Agreement; and (v) to return or destroy all Confidential Information of the other party in its possession upon termination or expiration of this Agreement. In the event of any unauthorized disclosure or loss of Confidential Information, the receiving party will notify the disclosing party as soon as possible.
• Exceptions. The foregoing provisions will not apply to Confidential Information that: (i) is or becomes generally publicly available or enters the public domain through no fault of the receiving party; (ii) is rightfully communicated to the receiving party by persons not bound by confidentiality obligations with respect thereto; (iii) is already in the receiving party’s possession free of any confidentiality obligations with respect thereto at the time of disclosure; (iv) is independently developed by the receiving party without use or reference to the Confidential Information of the disclosing party; or (v) is approved for release or disclosure by the disclosing party without restriction. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (1) to comply with the order of a court or other governmental body or applicable law, provided the party making the disclosure pursuant to the order will first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (2) to establish a party’s rights under this Agreement.

MISCELLANEOUS

• Publicity Rights. By using Airbrake, your company accepts public disclosure of its integration with Airbrake via Airbrake's marketing activities; provided, that, you may opt out of any such publicity rights by email request sent to Airbrake’s marketing team at marketing@airbrake.io.
• Export Controls. You may not use Airbrake in violation of export control or sanctions laws of the United States or any other applicable jurisdiction. You may not use Airbrake if you are or are working on behalf of a Specially Designated National (SDN) or a person subject to similar blocking or denied party prohibitions administered by a U.S. government agency.
• Government End Users. The Service is a “commercial computer software” and any associated documentation is “commercial computer software documentation,” pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display, or disclosure of the Service or such documentation by the United States Government will be governed solely by the terms of this Agreement.
• Force Majeure. Neither of us will be in violation of these Terms of Service if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, passage of law or governmental order, rule, regulation, or direction, or any action taken by a governmental or public authority (including but not limited to imposing an embargo, export or import restriction, quota, or other restriction or prohibition), or other events of a magnitude or type for which precautions are not generally taken in the industry.
• Feedback. You may choose to or Airbrake may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Airbrake under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Airbrake does not waive any rights to use similar or related ideas previously known to Airbrake, or developed by its employees, or obtained from sources other than you.
• Governing Law & Dispute Resolution. This Agreement is governed by the laws of the State of California, exclusive of any choice of law principle that would require the application of the law of a different jurisdiction, and the laws of the United States of America, as applicable. This Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Each of you and Airbrake agrees that any dispute or claim, including without limitation, statutory, contract or tort claims, relating to or arising out of the Terms of Service or the alleged breach of this Agreement, shall, upon timely written request of either of us, be submitted to binding arbitration.  The party asserting the claim may elect to have the arbitration be in-person, telephonic or decided based on written submissions. The arbitration shall be conducted in Santa Barbara, California.  The arbitration shall proceed in accordance with the commercial arbitration rules of the American Arbitration Association (AAA), in effect at the time the claim or dispute arose.  The arbitration shall be conducted by one arbitrator from AAA or a comparable arbitration service, and who is selected pursuant to the applicable rules of the AAA.  The arbitrator shall issue a reasoned award with findings of fact and conclusions of law and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either you or Airbrake may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement, or to enforce or vacate an arbitration award. Each of us waives any right to a trial by jury, and agrees that disputes will be resolved through arbitration. No claim subject to this provision may be brought as a class or collective action, nor may you assert such a claim as a member of a class or collective action that is brought by another claimant. Each of us agrees that we will not bring a claim under this Agreement more than two years after the time that the claim accrued. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
• Assignment. You may not assign this Agreement without Airbrake's prior written consent.
• No Waiver. The failure of Airbrake to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between you and Airbrake and govern your use of the Service, superseding any prior agreements between you and Airbrake (including, but not limited to, any prior versions of this Agreement).
• Remedies. All rights and remedies of the parties, under this Agreement, in law or at equity, are cumulative and may be exercised concurrently or separately. The exercise of one remedy will not be an election of that remedy to the exclusion of other remedies. A party’s breach or threatened breach of any of its covenants or agreements in this Agreement may cause irreparable injury that is inadequately compensable in monetary damages.
• Questions about this Agreement should be sent to support@airbrake.io.

Revised May 3, 2022

‍