Last Updated: November 25, 2022
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Better Stack, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your Better Stack Account
If you create an account on the Website, you are responsible for maintaining the security of your account and credentials, and you are fully responsible for all activities that occur under the account.
You must immediately notify Better Stack of any unauthorized uses of your account or any other breaches of security. Better Stack 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.
Fees and Payments
The Website is provided for a fee as set forth on the Website. Unless agreed otherwise, all fees shall be paid within 15 days from receipt of an invoice. Amounts not paid when due shall be subject to a late payment charge of 1.5% per month or the maximum amount permitted by law, whichever is lower. All payments required by this Agreement are exclusive of any taxes, duties, tariffs, levies and withholdings (including without limitation, sales taxes, use taxes and value added taxes), and you agree to be responsible for the payment of all such charges. Should any payment for the Website be subject to withholding tax by any government, you will reimburse us for such withholding tax.
Responsibility of Contributors
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content and you agree to hold Better Stack harmless against all claims, civil or criminal, resulting from the Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
Without limiting any of those representations or warranties, Better Stack has the right (though not the obligation) to, in Better Stack’s sole discretion (i) refuse or remove any Content that, in Better Stack’s reasonable opinion, violates any Better Stack policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Better Stack’s sole discretion. Better Stack will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Better Stack has not reviewed, and cannot review, all of the material, including computer software, posted through the Website, and cannot therefore be responsible for that material’s content, use or effects. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Better Stack disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
You must not:
- use the Website to monitor websites and systems you do not own and operate or to which you have not been given authorized access.
- engage in or to instigate actions that may have an adverse effect on the stability and performance of the Website or other services. Better Stack may choose to set limits on the use of a resource through quotas, time limits, and other mechanisms.
- engage in any activity that is intended to harm Website’s systems, other customers, other systems, or end users of other services and websites.
- distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages.
- use, or facilitate use of, the Website in a manner, which violates any applicable law or regulation.
Better Stack reserves the right to take immediate action to suspend or terminate your account if, in its sole and exclusive discretion, you are engaging in activities that violate this Agreement. Any termination or suspension may be undertaken with or without notice to you.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Website links, and that link to Website. Better Stack does not have any control over those non-Better-Stack websites and webpages, and is not responsible for their contents or their use. By linking to a non-Better-Stack website or webpage, Better Stack does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Better Stack disclaims any responsibility for any harm resulting from your use of non-Better-Stack websites and webpages.
To the extent that any services, tools or content provided by third parties are integrated within the Website or provided through the Website (“Third Party Content”), the terms and conditions of the Third Party Content shall apply and you will be required to accept the applicable terms and conditions in order to use the Third Party Content within the Website.
This Agreement does not transfer from Better Stack to you any Better Stack or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Better Stack. Better Stack, its logo, and all other trademarks, service marks, graphics and logos used in connection with Better Stack, or the Website are trademarks or registered trademarks of Better Stack or Better Stack’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Better Stack or third-party trademarks.
If you give feedback on the Website, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by Better Stack and may become part of the Website without any compensation to you.
You agree to grant Better Stack a non-exclusive, transferable, royalty-free, sublicensable, irrevocable, worldwide license to use, host, cache, store, reproduce, transmit, publicly display, publicly perform, publish and distribute the Content solely in relation to the operation of the Website, including the exercise of Better Stack’s rights and obligations under this Agreement.
Better Stack 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 Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Better Stack may also, in the future, offer new services and/or features through the Website (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.
Better Stack may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Better Stack account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
THE WEBSITE IS PROVIDED “AS IS”. BETTER STACK 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 BETTER STACK NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT THE WEBSITE WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, THE WEBSITE AT YOUR OWN DISCRETION AND RISK.
Limitation of Liability
IN NO EVENT WILL BETTER STACK, 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 BETTER STACK UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. BETTER STACK 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.
General Representation and Warranty
You or Better Stack may identify the other as a user or customer and may use the other’s company name and logo in blog posts, press releases, advertisements, and on their respective websites. You also grant Better Stack a non-exclusive license to use your trademarks for the purpose of referring to you within the user interface for the Website. Better Stack’s right to use your name and logo may be revoked by writing to [email protected]
You agree to indemnify and hold harmless Better Stack, 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 Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Better Stack and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Better Stack, or by the posting by Better Stack of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be modified to reflect the parties’ original intent or removed from the Agreement if modification is not possible, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Better Stack may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
The law of New York, without regard to its conflict of laws provisions, will govern this Agreement and any matter or dispute arising out of the use of the Website. The courts located in the State of New York will have exclusive jurisdiction over any dispute relating to this Agreement or the Website.