Terms of Service

Last Updated: November 17, 2024

This website, together with any related websites, (collectively, the “Site”) is owned and operated by Tailglow (“Tailglow”, “we”, “our”, or “us”). Tailglow is an observability and analytics platform that enables product teams to understand metrics like customer growth and SaaS usage, and find errors and performance issues. Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of its content, you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content.

You represent to Tailglow that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into these Terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these Terms includes both you personally and the entity you represent. You and Tailglow are collectively referred to as the “Parties” and each is a “Party”.

Service Agreement

These Terms do not govern the use of the hosted observability platform, monitoring service, and other services (the “Service”) operated by Tailglow. If you are accessing or using the Service – even if you are doing so through a free trial – then you are subject to Tailglow’s Master Service Agreement or such other written contract as may be separately agreed between you and Tailglow.

Definitions

  • “Agreement” means these Terms and any other applicable agreements between you and Tailglow.
  • “Customer Data” means any data, content, code, logs, metrics, traces, errors, or other materials of any type that you submit to the Services.
  • “User” means any individual who has been granted access to use the Services under your account.
  • “Service Data” means data collected by our Services about the performance, availability, and usage of your applications and infrastructure.
  • “Analytics Data” means data collected and processed for the purpose of understanding customer growth, product usage, and performance, including:
    • Customer growth metrics
    • Usage patterns and engagement data
    • Performance indicators
    • Error and exception data
    • User behavior analytics
  • “Metric Data” means quantitative measurements of:
    • Customer acquisition and retention
    • Product usage and engagement
    • Performance and reliability
    • Feature adoption and interaction
    • System resource utilization

Account Registration and Security

2.1 Registration Requirements

To access the Services, you must register for an account. You agree to provide accurate, current, and complete information during registration.

2.2 Account Responsibilities

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breaches
  • Ensuring proper configuration of the Services and integration with your applications

Service Usage and Limitations

3.1 License Grant

Subject to these Terms, we grant you a non-exclusive, non-transferable license to:

  • Install and use our monitoring agents and SDKs for collecting product analytics and performance data
  • Access and use our dashboard and analytics tools for understanding customer growth and SaaS usage
  • Use our APIs to integrate with the Services and extract analytics data
  • Configure and manage monitoring rules and alerts
  • Access and analyze product metrics, customer behavior, and performance data

3.2 Analytics and Metrics

The Services provide various analytics capabilities including:

  • Customer growth tracking and analysis
  • SaaS usage pattern monitoring
  • Error detection and performance monitoring
  • Custom metric tracking and reporting
  • User behavior and engagement analytics

3.3 Usage Restrictions

You agree not to:

  • License, sublicense, sell, resell, rent, lease, transfer, or distribute the Services
  • Modify, decompile, reverse-engineer, disassemble, or create derivative works of the Services
  • Use the Services to store or transmit malicious code or infringing, libelous, or otherwise unlawful material
  • Interfere with or disrupt the integrity or performance of the Services
  • Attempt to gain unauthorized access to the Services or related systems
  • Use the Services for benchmark testing or competitive analysis
  • Exceed any applicable API rate limits or service quotas

Data Usage and Rights

4.1 Analytics Data

  • Customer grants Tailglow a worldwide, non-exclusive license to collect, host, copy, transmit, analyze and process analytics data to provide and improve the Services
  • Analytics data includes customer growth metrics, usage patterns, performance data, and error logs
  • Tailglow may create aggregate analytics and insights from collected data while maintaining customer privacy
  • Customers maintain ownership of their raw data while granting Tailglow rights to process and analyze it

4.2 Usage Data

Notwithstanding anything to the contrary in this Agreement, Tailglow may collect and use Usage Data to operate, improve and support the Service and for Additional Uses. Tailglow will not disclose Usage Data externally, including in benchmarks or reports, unless it has been Aggregated or Anonymized.

4.3 Data Storage and Processing

  • Tailglow will store Service Data in the region selected by Customer through its configuration of the Service
  • Tailglow may process Service Data in the United States or in countries where its Affiliates and third-party sub-processors are located

4.4 Data Export and Deletion

During the Subscription Term, Customer may export its Service Data from the Service using the export features described in the Documentation. After the Subscription Term, Tailglow reserves the right to delete Service Data in accordance with its standard schedule and procedures.

Customer Data and Privacy

5.1 Ownership

You retain all rights to your Customer Data. You grant us a license to host, copy, transmit, and display Customer Data as necessary to provide the Services.

5.2 Security

We implement reasonable security measures to protect Customer Data, including:

  • Encryption of data in transit and at rest
  • Access controls and authentication mechanisms
  • Regular security assessments and monitoring
  • Incident response procedures

5.3 Privacy

Our processing of personal data is governed by our Privacy Policy at tailglow.io/privacy.

5.4 Data Retention

We retain Customer Data and Service Data in accordance with your configuration settings and our data retention policies.

5.5 Analytics Data Processing

  • We process analytics data to generate insights about customer growth, product usage, and performance
  • Analytics data is aggregated and anonymized when used for benchmarking
  • Customers can configure data collection parameters
  • We implement measures to protect sensitive metrics and usage data

Service Levels and Support

6.1 Service Levels

We will use commercially reasonable efforts to make the Services available with a 99.9% monthly uptime percentage, excluding:

  • Planned maintenance with at least 24 hours advance notice
  • Emergency maintenance
  • Internet service provider failures
  • Force majeure events

6.2 Support

We provide technical support via email according to our support policy.

Fees and Payment

7.1 Fees

You agree to pay all fees specified when you register for the Services. Fees are based on:

  • Selected service tier
  • Data ingestion volume
  • Size of stored records

7.2 Payment Terms

  • All fees are non-refundable
  • Fees are payable in advance
  • You are responsible for all taxes
  • Late payments may result in service suspension
  • Fees are subject to change with 30 days notice

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Tailglow or third parties. You are not permitted to use these Marks without the prior written consent of Tailglow or such third party.

Term and Termination

9.1 Term

This Agreement continues until terminated by either party.

9.2 Termination

  • You may terminate at any time by providing written notice
  • We may terminate if you breach these Terms
  • We may terminate for convenience with 30 days notice

9.3 Effect of Termination

  • All rights and licenses terminate immediately
  • You must cease using the Services

Warranties and Disclaimers

10.1 Warranty

We warrant that the Services will perform materially in accordance with our documentation.

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

Limitation of Liability

11.1 Liability Limitations

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (a) IN NO EVENT SHALL TAILGLOW, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE SITE OR SERVICES; AND (b) IN NO EVENT SHALL TAILGLOW’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED TWO HUNDRED U.S. DOLLARS.

11.2 Application of Limitations

THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

No-Charge Products

If Customer receives access to the Service or Service features on a no-charge, free or trial basis or as an alpha, beta or early access offering (“No-Charge Products”), use is permitted only during the period designated by Tailglow (or if not designated, 30 days). No-Charge Products are optional and either party may terminate them at any time for any reason. No-Charge Products may be inoperable, incomplete or include features that Tailglow may never release, and their features and performance information are Tailglow’s Confidential Information. Notwithstanding anything else in this Agreement, Tailglow provides no warranty, indemnity, service levels or Support for No-Charge Products and its liability for No-Charge Products will not exceed US$50.

Reseller Purchases

If Customer obtained the Service through an authorized reseller of Tailglow (“Reseller”):

  • This Agreement is between Tailglow and Customer and governs all access and use of the Service
  • Resellers are not authorized to modify this Agreement or make commitments on Tailglow’s behalf
  • Customer’s order details will be as stated in the Order placed by Reseller with Tailglow
  • Customer will pay applicable amounts to the Reseller as agreed between Customer and Reseller
  • If the Reseller fails to pay Tailglow, Tailglow reserves the right to terminate the Subscription Term
  • Refunds must be requested through the Reseller, and Tailglow will have no liability if Reseller fails to refund fees to Customer

General Provisions

14.1 Governing Law

These Terms are governed by California law, without regard to its conflict of law principles.

14.2 Dispute Resolution

Any disputes shall be resolved in the state or federal courts located in California. Both parties consent to the exclusive jurisdiction of such courts.

14.3 Assignment

You may not assign your rights under these Terms without our prior written consent.

14.4 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.

Global Availability

Tailglow provides services globally but makes no representation that the products and services referenced herein are appropriate, or available, worldwide. If you use this website from locations outside the United States, you are responsible for compliance with local Applicable Laws.

Definitions

  • “Additional Uses” means any legitimate business purposes such as analytics, benchmarking, reporting and developing new products and services.
  • “Aggregated or Anonymized” means de-identified or aggregated so that it does not individually identify Customer, its Users or any other person, and Tailglow will not identify Customer as the source of such data.
  • “Non-Identifying Data” means elements of Service Data that by their nature cannot be used to identify Customer or its Users. This will not include any Personal Data, source code, content or attachments.
  • “Service Data” means data collected from Customer’s systems that is reported to the Service, including:
    • Software exceptions or bugs
    • Performance metrics
    • System resource usage
    • Associated context and metadata
    • Files or attachments
    • Any other data submitted to the Service
  • “Usage Data” means technical logs, data and learnings about Customer’s configuration and use of the Service, including quota information and frameworks in use.
  • “High Risk Activities” means activities where use or failure of the Service could lead to death, personal injury or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles or air traffic control.

Contact Us

For questions about these Terms, please contact us at:

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