Terms of Use

Last updated on 18 April, 2023

This website logstail.com (the Website) is operated by Logstail (Logstail, We, Our). This Website, all content offered as part thereof, including, but not limited to Data (as defined below), and any other services owned, controlled, or offered by Logstail via the Website are collectively referred to herein as the Services. Subscribers, account holders, customers, users, and any other party who downloads, accesses, uses, purchases or subscribes to the Services (you or, collectively, Users, as applicable) must do so under these Terms of Use (Terms of Use), which govern your access to and use of the Services and constitute a binding legal agreement between you and Logstail. Please note that the term you also includes the company that is our customer and on whose behalf you are accepting these Terms of Use.

Before using any of the Services, please read carefully these Terms of Use. By accessing, browsing or using the Services, you acknowledge that you have read, understood and agree to be bound by all the terms, conditions, consents and disclosures set forth in these Terms of Use. If you do not agree to these Terms of Use, then please cease using the Services.

The Services are intended solely for persons who are 18 or older. Any access to or use of the Website, Services or Data by anyone under 18 is expressly prohibited. By accessing or using the Website, Services or Data, you represent and warrant that you are 18 or older.

Modification of Terms of Use

We reserve the right, at our sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Use, at any time. If we modify these Terms of Use, we will post the modification on the Website or provide you with notice of the modification. We will also indicate the last update date at the end of these Terms of Use. By continuing to access or use the Services after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Use. If the modified Terms of Use are not acceptable to you, then please cease using the Services.

Limitations of Services

You acknowledge that Logstail may establish, including without limitation with respect to each of the Subscription Plans (as defined below), limits concerning use of the Services, the maximum volume of User Data (as defined below) or other content that may be transmitted or stored by the Services, the frequency with which you may access the Services and the locations where the Services are available.

Account Registration and Fees

In order to gain access to certain features of the Website, you must register and create an account with Logstail on the Website (an Account). You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. You are solely responsible for safeguarding your Account’s password and secret keys. You agree that you will not disclose your Account’s password and secret keys to any third party other than within your company and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Logstail of any unauthorized use of your Account.

Logstail offers free and paid subscription plans (a Free Plan, a Trial Plan and Paid Plan, respectively, and collectively, the Subscription Plans) for all Accounts. A description of the features associated with these subscription plans is available on the Website.

All new Accounts start with a Trial Plan. If at any time you select to subscribe to a Paid Plan, you agree to pay the applicable subscription fee and any taxes and other fees that may accrue in relation to your use of the Services. When you select a Paid Plan, you will be required to provide a credit card number and customary billing information such as name and billing address. If you select monthly payments, you will automatically be charged the subscription fee for the month on each prior month’s anniversary date of when you registered (the Monthly Anniversary Date). If you do not want to be charged for a month, you must cancel your Account at least thirty (30) days prior to the next Monthly Anniversary Date.

All fees are non-refundable. All fees and applicable taxes, if any, are payable in United States dollars or Euro. 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. Logstail is not responsible for any expenses or third-party charges (including, without limitation, any charges with respect to clearing or billing services) you incur resulting from being billed by Logstail in accordance with these Terms. Logstail also reserves the right, at any time, to impose or restructure any fees charged for your use of the Services. Logstail will notify you in advance of any changes with respect to fees it chooses to impose.

If you are subscribed to a Free Plan and you do not access your Account for 30 days or longer, Logstail may cancel your Account. If Logstail decides to cancel your Account, Logstail may, at its discretion, provide you with notice via e-mail. If Logstail receives a bounce-back from an e-mail account to which Logstail sent notice regarding the cancelation of your Account, Logstail is under no obligation to provide you with further notice.

Ownership

Except as expressly provided in these Terms of Use, Logstail exclusively owns or controls all right, title and interest in and to the Services, including all associated intellectual property rights, which are protected by copyright, trademark and other laws of the European Union, The Netherlands and other countries. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

All trademarks, service marks, logos, trade names and any other proprietary designations of Logstail used herein are trademarks of Logstail. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks of their respective owners. For purposes of these Terms of Use:

Data means data, customized analyses, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, provided or otherwise made available through the Services.
User Data means any Data that Account holders (including you) provide to be made available through the Services.
Logstail Data means any Data that is not User Data.

Logstail does not claim any ownership rights in your User Data and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit your User Data. Subject to the foregoing, Logstail and its licensors exclusively own all right, title and interest in and to the Services and Logstail Data, including all associated intellectual property rights, which are protected by copyright, trademark, and other laws of the United States and other countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Logstail Data.

Licenses Granted by Logstail to You

Subject to your full compliance with these Terms of Use, Logstail grants you a limited, revocable, non-exclusive, non-transferable, non-sublicenseable license to access and view the Data solely in connection with your permitted use of the Services and subject to the restrictions set forth in these Terms of Use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Logstail or its licensors, except for the licenses and rights expressly granted in these Terms of Use.

Licenses Granted by You to Logstail

By making any User Data available through Services you hereby grant to Logstail a non-exclusive, non-transferable, non-sublicenseable, worldwide, royalty-free license to use, copy and modify your User Data for the purposes of providing the Services to you. You also grant to Logstail the right to use your User Data to improve our Services and the Website.

You are solely responsible for all your User Data. You represent and warrant that you own all your User Data or you have all rights that are necessary to grant us the license rights in your User Data under these Terms. You also represent and warrant that neither your User Data, nor your use and provision of your User Data, nor any use of your User Data by Logstail on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

User Restrictions

You may only access and use the Services solely for your internal business purposes. You will not:

sell, resell, rent or lease the Services;
reverse engineer the Services;
attempt to modify the Services; or
use the Services to store any User Data or any information that is unlawful.

You may not access or use (or permit a third party to access or use) the Services for purposes of monitoring the availability, performance or functionality of the Services or for any other benchmarking or competitive purposes. You will not interfere with or disrupt the Services or attempt to gain access to any related systems or networks to which access is restricted.

Termination

You agree that Logstail, in its sole discretion, has the right to remove or deactivate your Account, block your e-mail or IP address to prevent you from accessing or using the Services, or otherwise terminate your access to or use of the Services (or any part thereof), immediately and without notice, including, without limitation, if you breach any of these Terms of Use. Logstail shall not be liable to you or any third-party for any termination of your Account and/or your access to the Services. You agree not to attempt to use the Services after any such termination. In the event Logstail terminates your Account and/or your access to the Services for your breach, you will remain liable for all amounts due under these Terms of Use. You may cancel your Account at any time by informing us via the Website. You acknowledge that there will be no refunds for partial months of service if you cancel your Account.

Upon termination, if requested, Logstail will provide within a reasonable period of time all your User Data in a format at the discretion of Logstail.

Survival

Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including