diff --git a/.gitignore b/.gitignore index 4d9c1a2a0..80f136a1a 100644 --- a/.gitignore +++ b/.gitignore @@ -6,6 +6,7 @@ __pycache__ *.env /scratch/ /.coverage +.DS_Store # stubgen out diff --git a/docs/legal/privacy.md b/docs/legal/privacy.md index 587c261d9..f7c0f5607 100644 --- a/docs/legal/privacy.md +++ b/docs/legal/privacy.md @@ -135,14 +135,12 @@ except as provided in this Privacy Statement and for: - to assist the repository owner with a support matter - to maintain the integrity of the Services, or - to comply with our legal obligations if we have reason to believe the contents are in violation of the law. -- understanding usage patterns and platform behavior during [beta testing](service_level_agreement.md#beta-definition) - of the Logfire platform +- understanding usage patterns and platform behavior of the Logfire platform _PSI_ will provide you with notice regarding Personal Data access unless: - doing so is prohibited by law - _PSI_ acted in response to a security threat or other risk to security, or -- our main platform is in a ["beta" state](service_level_agreement.md#beta-definition) ## Lawful Bases for Processing Personal Data (Applicable to EEA and UK End Users) diff --git a/docs/legal/service_level_agreement.md b/docs/legal/service_level_agreement.md deleted file mode 100644 index 8988d9a13..000000000 --- a/docs/legal/service_level_agreement.md +++ /dev/null @@ -1,18 +0,0 @@ -# Logfire Service Level Agreement - -**Last update: 2024-02-19** - -This Logfire Service Level Agreement (**"SLA"**) describes the service availability commitment for the Cloud Services -under the [Logfire Terms of Service](terms_of_service.md), and/or applicable Order(s) (collectively or -individually **"Logfire Terms"**) between Pydantic Services Inc. (**"PSI"**, **"we"**, **"us"**, or **"our"**) -and Customer ("**Customer**", "**you**", "**your**"). Unless otherwise provided herein, this SLA is subject to the Cloud Terms and capitalized terms not defined herein will have the meaning specified in the Cloud Terms. -_PSI_ may amend this SLA by posting a revised version on the Site or by otherwise notifying you by email. - -## Service Levels - -While Logfire is in beta, _PSI_ makes no commitment or guarantee whatsoever as to the Uptime of their Cloud Services. - -## "In Beta" Definition {#beta-definition} - -The Logfire Cloud Service, SDK and associated documentation are currently (as of 2024-02-19) "in Beta". -They will be considered thus until this document is updated to state otherwise. diff --git a/docs/legal/terms_of_service.md b/docs/legal/terms_of_service.md index f96e6dedd..1d4f074b7 100644 --- a/docs/legal/terms_of_service.md +++ b/docs/legal/terms_of_service.md @@ -1,773 +1,232 @@ -# Logfire Terms of Service +# Pydantic Logfire - Terms of Service -**Last update: 2024-02-17** +**Last update: 2024-09-24** -Pydantic Services Inc. (**"PSI"**, **"we"**, **"us"**, or **"our"**), offers a cloud-based Observability service -(**"Logfire Cloud"**) to persons or entities (**"you"**, **"your"** or **"Customer"**) according to the -terms and conditions in these Logfire Terms of Service. Please read these Logfire Terms of Service (together with -your associated Order(s) (as defined below), the **"_Logfire Terms_"**) carefully because they govern your use of our -Services. +## 1. Binding Contractual Terms {#section-1} -## 1. Your Agreement with PSI +These Terms of Service are entered into by and between you ("**you**" or "**your**") and Pydantic Services, Inc. and/or its affiliates ("**PSI**", "**we**", "**us**" or "**our**" as the context may require). PSI offers and operates a cloud-based service, known commercially as Logfire (and referred to herein as the "**Services**"), that provides a platform for application observability to persons or entities in accordance with these Terms of Service. The Services shall include the cloud-based service itself, along with any capabilities provided for the administration, management, and billing for the cloud-based service. The Services do not include open-source software and libraries, such as the Logfire software development kit, that PSI offers under the MIT license. -### 1.1 Generally +The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "**Terms of Service**") govern your access to and use of the Services. By accessing and using the Services, you signify and agree that (a) you have read and understood these Terms of Service; (b) to be legally bound by these Terms of Service; and (c) these Terms of Service have the same force and effect as a signed agreement. -You may access or use _Logfire Cloud_ subject to the terms and conditions of these _Logfire Terms_. +You hereby warrant and represent that you have the authority to agree to these Terms of Service on behalf of the person or entity who registers for the Services as described in [section 3](#section-3), below. -### 1.2 Access +**Attention:** please read these Terms of Service and our Privacy Policy carefully _before_ using the Services. If you do not accept these Terms of Service or agree to the processing of personal information as described in PSI's [Privacy Policy](privacy.md), do not use or otherwise access the Services. -By accessing or using _Logfire Cloud_, or by creating an account (the **"Account"**) to use the -_Logfire Service_, you agree to the terms and conditions of these _Logfire Terms_. If you represent an organization or entity, you -represent and warrant that you are authorized to agree to these _Logfire Terms_ on behalf of your organization, and you -agree that you are legally binding that organization to these _Logfire Terms_. If you do not agree to these _Logfire Terms_, do -not use _Logfire Cloud_. +We may change these Terms of Service at any time. We will notify you via electronic mail or using the Services of changes to the Terms of Service. By continuing to use the Services following a revision to these Terms of Service, you are agreeing to the revised Terms of Service. If you do not agree to the revisions, you may freely terminate your use of the Services as set forth in [section 7](#section-7). -### 1.3 Additional Features or Services +By using the Services, you acknowledge receiving our [Privacy Policy](privacy.md), and agree to the processing of personal information as described in the Privacy Policy. -The _Logfire Cloud_ may include features or services that have separate rules -specific to such features or services. You will comply with all laws, rules, and regulations applicable to the use of -_Logfire Cloud_ and any additional feature or service you use. You understand and agree that we may change, suspend, -or discontinue any part or all of _Logfire Cloud_ at any time. We will notify you of any material change with an -adverse impact to _Logfire Cloud_ or discontinuation of _Logfire Cloud_ by email or via our Site. +## 2. Client Data, Data Retention, and Data Regarding Activity, Behavior, and Usage {#section-2} -### 1.4 Effective Date +We understand and appreciate the value of the data you entrust to the Services. We use the term "**Client Data**" to refer to data that is submitted or transmitted to the Services on your behalf. As explained below and in [section 20](#section-20), below (which addresses the security of Client Data and how we process personal data within the Client Data in a way that complies with legal requirements) we view our proper role with regard to Client Data to be to simply to use it to provide and administer the Services and to improve the Services to make them as valuable as possible to you and our other customers. -The Effective Date of these _Logfire Terms_ is the earliest to occur of the effective date of your -initial Order, the date you agree to these _Logfire Terms_ by clicking "I Agree", or the date you first access or use _Logfire Cloud_. +To enable PSI to provide the Services, you hereby grant PSI a revocable, non-exclusive license to the Client Data. This license shall be a limited license for the purposes of providing, administering, and improving the Services, including carrying out the data security and privacy obligations set forth in [section 20](#section-20). As between you and PSI, you shall retain all other right, title, and interest in Client Data. -### 1.5 Definitions +The Services shall normally retain Client Data for one month. However, if you use the Services on a trial or other free basis, PSI makes no warranty or representation regarding the minimum period for which Client Data shall be retained. And, in any event, PSI makes no warranty or representation that Client Data will be promptly deleted after the one-month retention period. -Certain terms not defined elsewhere in these _Logfire Terms_ are set forth below in Section 16 (Definitions). +You also agree that PSI may create or collect data regarding your activity and behavior on and usage of the Services for the maintenance and improvement of the Services provided that such data does not include or incorporate Client Data and such data shall be the exclusive property of PSI. -## 2. Your Account and Content +## 3. Registration {#section-3} -### 2.1 Registration +You must register for an account to use the Services. You agree to provide accurate, current, and complete information during the registration process and at all other times when you use the Services, and to update the information as necessary to keep it accurate, current, and complete. You agree that this obligation extends to any third-party service, such as GitHub, that you may use when you register for your account. You are the sole authorized user of any account you create through the Services. -To use _Logfire Cloud_, you must create an Account with us. You must provide complete and -accurate information during the registration process and must update your information to ensure it remains accurate. You -are responsible for all activities in your Account, regardless of whether undertaken by you, your employees, or a third -party (including contractors or agents), and we and our Affiliates are not responsible for unauthorized access to your -Account. +If you provide any information that is untrue, inaccurate, not current, or incomplete, or if PSI has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, PSI shall have the right to immediately suspend or terminate your account and refuse future use of the Services. You agree not to create an account or use the Services without PSI's written consent if you have previously been suspended or terminated from the Services by PSI or if you have been previously banned from using the Services. -### 2.2 Rights to Your Content +## 4. Contacting You {#section-4} -You represent and warrant to us that (a) you have all rights in the Content necessary to -grant the rights contemplated by these _Logfire Terms_; and (b) none of the Content violates these _Logfire Terms_, any -applicable law, or any third party's intellectual property or other right. You will ensure that the Content, and your -use of it, complies with these _Logfire Terms_, including Section 5 (Acceptable Use Policy), and any applicable law. You are -responsible for properly configuring and using _Logfire Cloud_ and taking your own steps to maintain appropriate -security, protection, backups, and continuity of the Content. +By using the Services, you expressly agree that PSI, its affiliates, and third parties acting on their behalf (collectively, "**PSI Representatives**"), may send emails, place calls, and send text messages to any cellular (or non-cellular) telephone number provided to us or to the PSI Representatives by you, or anyone purporting to act on your behalf, for any purpose related in any way to your use of the Services. This includes, without limitation, providing information that you have requested, responding to any other requests for information or services you submit through the Services, and notifying you of changes to these Terms of Service. Your provision of this consent is a material term of the agreement between you and PSI and cannot be unilaterally modified, revoked, or withdrawn by you. -### 2.3 License to Your Content +You represent and warrant that you are the owner and/or primary user of all cellular telephone numbers you provide to us. If your cellular (or non-cellular) phone number changes, you will immediately notify us; if you fail to do so, you will be liable for all losses, damage, and expenses incurred by PSI as a result. PSI and the PSI Representatives are not responsible for any fees assessed by your cellular (or non-cellular) telephone provider for receipt of text messages or calls. You agree that PSI and the PSI Representatives may record or monitor any or all conversations you have with PSI and the PSI Representatives, without any further notification and for any reason. -Except for the limited rights granted under these _Logfire Terms_, as between Customer and _PSI_, you retain all rights, title, and interest, including all Intellectual Property Rights, in your Content. You -consent to our use of your Content to provide the Services to you and your Authorized Users. +## 5. License and Intellectual Property {#section-5} -### 2.4 User and Performance Data +Subject to these Terms of Service, PSI hereby grants you a non-exclusive and non-transferable license to access and use the Services. This license shall also allow you to use the PSI IP (as defined below), but only to the extent necessary to use the Services. -_PSI_ may store, process, and use data about Customer's use of the _Logfire Service_, including but not limited to for -the purposes of creating usage, statistics, and analytics data. _PSI_ may use such data for its own business purposes, -including to maintain and improve _Logfire Cloud_ and other services and products, to monitor and analyze its -activities in connection with the performance of such services, and to create anonymized statistics for its marketing -and other business purposes. +The Services, along with the trademarks, service marks, and logos contained therein ("**Marks**"), and any other intellectual property incorporated therein (collectively, "**PSI IP**"), are owned by or licensed to PSI and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. -### 2.5 Data Privacy +Except for the express licenses granted hereunder, as between you and PSI, PSI retains all right, title and interest in and to the Services, and no licenses are granted to you by implication or otherwise. For avoidance of doubt, PSI does not grant you any right to use or display our Marks other than as set forth in this section. -Please review our [Privacy Policy](privacy.md), -which also governs your use of the Services, for information on how we collect, use, and share your personal data. -The terms of the [data processing addendum](data_processing_addendum.md) -("DPA") posted as of the Effective Date are hereby incorporated by reference. We will only use your Account Information -in accordance with the Privacy Policy, and you consent to such usage. The Privacy Policy does not apply to your Content. +You agree that, if you make available to PSI or any of its representatives or agents (including through the Services) any suggestions, feedback, or recommendations regarding the Services ("**User Feedback**"), you shall not be entitled to compensation and PSI shall be thereby entitled to use the User Feedback for any purpose at any time thereafter. -## 3. Logfire Cloud Services +## 6. Unacceptable Use {#section-6} -### 3.1 License to _Logfire Cloud_ +Without limiting any other provision of these Terms of Service, you agree not to: -Subject to payment of all applicable fees to us, we grant you a limited, -world-wide, non-exclusive, non-transferable right and license (without right to sublicense) to access and use the -_Logfire Service_ in accordance with the terms of these _Logfire Terms_. +* use the Services for any purpose other than for using the features we intentionally make available to you; +* use the Services to develop a similar or competing product or service; +* translate, modify, or create derivative works of the Services; +* upload, download, recreate, display, perform, post, reproduce, or copy the Services, except as expressly permitted by these Terms of Service or with the written consent of PSI; +* resell, license, sublicense, sell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to you under these Terms of Service or the Services, in whole or in part; +* attempt to derive the source code, source files or structure of the software contained in the Services by reverse engineering, disassembly, decompilation, or any other means; +* use the Services to create a service bureau or for any other use involving processing of data for other persons or entities; +* introduce any malware into the Services; +* provide false personal information or impersonate any other person; +* intentionally post, transmit, or link from any unlawful, infringing, misleading, deceptive, threatening, libelous, defamatory, plagiarized, fraudulent, harassing, obscene, discriminatory, inflammatory, pornographic or profane material, spam or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or would otherwise violate applicable law; +* use the Services in any manner intended to (1) damage the Services, (2) disable, undermine, overburden, or impair the Services or the servers on which it runs, (3) use the Services in a way intended to circumvent the payment of fees, usages limits, or quotas, or (4) interfere with any other party's use of the Services; +* obtain any data or information from the Services through any means not intentionally made available or provided for through the Services; +* conduct security penetration tests or load tests on the Services without PSI's advance written consent; +* use any of the logos, trademarks, service marks or other indicators of origin appearing on the Services; or +* attempt to do any of the foregoing. -### 3.2 Changes to _Logfire Cloud_ +PSI may immediately suspend or terminate your access to the Services if PSI determines, in its reasonable discretion, that you have violated these Terms of Service or that your continued use of the Services poses a risk to PSI, other users of the Services, or any other third party, including PSI's affiliates. -_PSI_ will provide _Logfire Cloud_ to the Customer substantially as set -out in these _Logfire Terms_. The scope of _Logfire Cloud_ is not fixed, but may vary depending on which _Logfire Cloud_ -the Customer chooses to order from time to time, selected from _Logfire Cloud_ made available by _PSI_. _PSI_ -will have the right to make changes to _Logfire Cloud_ at any time. +## 7. Orders, Term/Termination, Fees, Payments, and Taxes {#section-7} -### 3.3 Orders +### Orders -The Customer may, from time to time, make Orders from _PSI_, including automatically by using APIs -of _Logfire Cloud_ or through the Site. The Customer shall be responsible for any Orders made under the Customer's -Account, whether by the Customer itself, by its Authorized Users, by the Customer's data systems automatically, or by -unauthorized access to or use of your Account, and Customer shall be responsible for the payment of all fees based on -Orders made under the Customer's Account. +We may offer to provide the Services on terms other than as set forth herein or to offer professional, advisory, or support services to you. In such an event, the pricing terms on which we offer the Services or the professional, advisory, or support services shall be set forth on an order form ("Order"). Once executed by you and us, any terms set forth in the Order shall prevail over any contrary term herein. -### 3.4 Service Levels +### Term and Termination -_PSI_ will use commercially reasonable efforts to provide the _Logfire Cloud_ to you -in accordance with the _PSI_ Service Level Agreement ("SLA"), currently available [here](service_level_agreement.md), -and which may be modified from time to time. Except as set forth in the SLA, however, _Logfire Cloud_ are not subject to -any particular service levels or service availability, and they are provided to the Customer strictly on an "as is" and -"as available" basis. +These Terms of Service shall become effective on the earliest of the following: (1) the date on which you agree to these Terms of Service or (2) the date on which you begin using the Services. These Terms of Service shall remain in effect unless terminated or amended as set forth herein. -_PSI_ makes no representation nor warrants the availability of _Logfire Cloud_ service at any -particular time. You acknowledge and agree that the Service Levels as set forth in the SLA are performance targets only -and any failure of _PSI_ to meet any service level will not result in any breach of these _Logfire Terms_. The SLA sets -forth all of _PSI_'s commitments, and all remedies available to you, with respect to the availability of -_Logfire Service_. Any compensation set out in connection with such service availability according to the SLA shall be the -Customer's sole remedy and _PSI_'s sole liability as regards any non-compliance with such service availability, and -such non-compliance shall not constitute a breach of these _Logfire Terms_. +Unless you and we agree otherwise, you may terminate the Services at any time by using the capabilities provided within the Services. We may also terminate your Services for any reason or no reason by providing you with thirty days advance notice. Either party may also terminate the Services immediately if the other party (a) terminates or suspends its business, or ceases to operate in the ordinary course; (b) makes an assignment for the benefit of creditors or similar disposition of its assets; (c) becomes subject to any bankruptcy, reorganization, dissolution, insolvency, or similar proceeding; (d) becomes insolvent or subject to direct control by a trustee, receiver, or similar authority; or (e) has wound up or liquidated, voluntarily or otherwise. -### 3.5 Subcontractors +Upon the termination of the Services, these Terms of Service shall also terminate, except as provided herein. -_PSI_ may use subcontractors in the performance of its obligations and exercise of its -rights under these _Logfire Terms_. +In the event of termination, any outstanding fees and payments shall be immediately due and payable. In addition, at the time of termination, PSI may immediately delete all Client Data. -### 3.6 Beta Offering +### Fees and Payments -_PSI_ may make available to Customers certain features, technologies, products, software, and -services that are not yet generally available, which may be labeled or otherwise described as in "preview", -"pre-release", "early access", "experimental", "testing", "pre-production", "alpha", or "beta" (each, a **"Beta -Offering"**), for the purpose of evaluating performance, identifying defects, and obtaining feedback. We have no -obligation to release a final version of any Beta Offering, nor offer upgrades or migrations between versions of the -Beta Offering or between a Beta Offering and a generally available version. Notwithstanding anything to the contrary in -the Agreement, after suspension or termination of Customer's access to or use of any Beta Offering for any reason, -Customer may not have any further right to access or use the applicable Beta Offering, and any Content stored in or -processed by the Beta Offering may be deleted or inaccessible. +You agree to pay for the Services on the first day of each calendar month. We may update the fee schedule from time to time, and any changes will apply starting in the monthly billing cycle after the update. -### 3.7 Support Services +All monthly billing is by credit or debit card. We will automatically charge your card at the end of each billing cycle. Make sure to keep your payment information up-to-date so your payments can be processed successfully. -_PSI_ may provide Support Services for _Logfire Cloud_. If Customer does not purchase a -different level of Support Services, _PSI_ may provide a "basic" or "free" level of Support Services. If you -purchase Support Services, we will provide these Support Services in accordance with the applicable Support Agreement, -and which may be modified from time to time. By purchasing Support Services, you accept and agree to be bound by -the terms of the Support Agreement. +Pydantic uses Stripe, Inc as our payment processor. If you pay for the Services, you acknowledge and agree to Stripe's [terms of service](https://stripe.com/legal/consumer). -## 4. Your Obligations +If we do not receive your full payment on time, we may: -### 4.1 Customer Obligations +* Charge you an administrative fee of up to $50 (USD), which will be due in the next billing cycle, +* Charge you interest on any unpaid balance at the rate of 1.5% per month, unless a lower rate is require by law, and +* Immediately suspend or terminate your access to the Services. -The Customer will be solely responsible for its and its Authorized Users' compliance with -these _Logfire Terms_, including any breach of these _Logfire Terms_ by Customer or its Authorized Users. The Customer and its -Authorized Users must use _Logfire Cloud_ in accordance with Section 5 (Acceptable Use Policy), and will be solely -responsible for ensuring its adherence to this policy. +All payments are non-refundable. -### 4.2 Authorized Users +### Taxes -The Customer may authorize its Authorized Users to use _Logfire Cloud_ under the Customer's -Account, including for the purposes of accessing the Customer's Content. The Customer must ensure that any users it -authorizes to use _Logfire Cloud_ under the Customer's Account comply with these _Logfire Terms_ at all times, including -in accordance with Section 5 (Acceptable Use Policy). The Customer will be responsible for any use of _Logfire Cloud_ -under the Customer's Account and any use by its Authorized Users, including any breach of these _Logfire Terms_. +All rates and fees are stated without value added tax (VAT) or any other applicable sales tax, which may be added to the fees of your monthly bill or invoice in accordance with the then-applicable tax laws and regulations, and you agree to inform us of your correct location to assist with determining the appropriate tax. You are also responsible for and will pay all applicable customs, duties, sales, use, value added, withholding, or other taxes, federal, state or otherwise, however designated, which are levied or imposed because of the transactions contemplated under these Terms of Service, excluding only taxes based on PSI's net income. If you are compelled to make a deduction or set-off for any such taxes, you also agree to pay PSI such additional amounts as necessary to ensure receipt by PSI of the full amount PSI would have received but for the deduction. -### 4.3 Customer Systems +## 8. Warranties {#section-8} -The Customer will be responsible for its own devices, systems, applications, connections, and -software used to access _Logfire Cloud_. The Customer will be responsible for the protection of its data -communications and data systems, and for the costs for communications and other comparable costs related to use of _Logfire Cloud_. - -### 4.4 Your Account - -The Customer must use commercially reasonable efforts to prevent unauthorized access to or use of -its Account, including ensuring that its Authorized Users maintain their access credentials (e.g., usernames, passwords, -multi-factor authentication information, etc.) in a responsible manner. The Customer and its Authorized Users must not -disclose their access credentials to any unauthorized persons. The Customer must contact us immediately if it believes -any unauthorized activity has occurred in its Account or any of its Account information has been lost, compromised, or -revealed to a third party. The Customer and its Authorized Users must change their access credentials upon request by -_PSI_. - -## 5. Acceptable Use Policy - -### 5.1 Restrictions - -You must not (a) modify, alter, tamper with, repair, or create derivative works of any software -included in _Logfire Cloud_; (b) reverse engineer, disassemble, or decompile _Logfire Cloud_ or apply any other -process or procedure to derive the source code of any software included in _Logfire Cloud_; (c) use the -_Logfire Service_ in connection with any fork or derivative work of Logfire Software, unless otherwise explicitly authorized by -_PSI_ in writing; or (d) resell, sublicense, rent, or lease _Logfire Cloud_ to any third party, unless otherwise -explicitly authorized by _PSI_ in writing. - -### 5.2 Unauthorized Access and Activities - -You must not: - -1. Disable, interfere with, or circumvent any aspect of _Logfire Cloud_; -2. Attempt to disable or circumvent any security mechanisms used by _Logfire Cloud_; -3. Perform any security penetration tests, load tests, or security assessment activities, unless otherwise explicitly - authorized by _PSI_'s CEO (Samuel Colvin) in writing; -4. Access or use _Logfire Cloud_ in a way intended to avoid - incurring fees or exceeding usage limits or quotas; -5. Use _Logfire Cloud_, or any interfaces provided with _Logfire Cloud_, to access any other product or service of - _PSI_ or its subcontractors in a manner that violates - their applicable Terms of Service; -6. Use _Logfire Cloud_ in a way that poses a risk to _Logfire Cloud_ or any third party; or -7. Interfere with the use of _Logfire Cloud_, or the equipment used to provide _Logfire Cloud_, by others. - -### 5.3 Prohibited Use of _Logfire Cloud_ - -You must not use _Logfire Cloud_ (a) to violate, or encourage the -violation of, the legal rights (including without limitation Intellectual Property Rights) of others; (b) to engage in, -promote, or encourage any illegal activity; (c) for any unlawful, invasive, infringing, defamatory, offensive, harmful, -or fraudulent purpose; (d) to intentionally distribute viruses, worms, Trojan horses, corrupted files, hoaxes, or other -items of a destructive or deceptive nature; (e) to violate security or integrity of any network, computer, -communications system, software application, or service (such violations to include without limitation unauthorized -access, interception of data or traffic, or falsification of origin); (f) to make connections to any users, hosts, or -networks unless the Customer has permission to communicate with them (such network abuses to include without limitation -monitoring or crawling, denial of service attacks, intentional interference, operating open proxies, open mail relays or -open recursive domain name servers, or to avoiding system restrictions); (g) to generate, distribute, publish, or -facilitate unsolicited or unlawful email or other messages, or promotions or other solicitations of any kind; or (h) for -hazardous or mission-critical circumstances or for uses requiring fail-safe performance, or where failure could lead to -death, personal injury, or environmental damage, and you further acknowledge that _Logfire Cloud_ are not designed or -intended for such use and _PSI_ bears no responsibility for any harmful impact resulting from such use. - -### 5.4 Unauthorized Content - -You must not submit, store, or process Content in _Logfire Cloud_ that - -1. Is illegal, harmful, fraudulent, infringing, offensive, or in violation of privacy rights; -2. Violates these _Logfire Terms_, any application law, or any third-party's Intellectual Property Rights or other rights; -3. Constitutes protected health information; or -4. Entails cardholder or sensitive authentication data unless such data is message-level encrypted by you. - -### 5.5 Compliance with Laws - -You must only use _Logfire Cloud_ in accordance with applicable laws and government -regulations. - -### 5.6 Review of Use - -_PSI_ and its subcontractors may review the Customer's use of _Logfire Cloud_, including -the Content and Customer's data, to ensure compliance with the acceptable use policy, to discontinue any use by the -Customer of _Logfire Cloud_, and to remove any non-compliant data of the Customer. _PSI_ and its subcontractors -may report suspected infringing activities to officials, regulators, or other appropriate third parties, including the -disclosure of appropriate information regarding the Customer. - -### 5.7 Cessation of Non-Compliant Use - -If the Customer becomes aware that its use of _Logfire Cloud_ does not comply -with these _Logfire Terms_, the Customer must immediately cease its non-compliant use of _Logfire Cloud_. The Customer -must immediately comply with any requests of _PSI_ relating to the ceasing of any non-compliant use of the -_Logfire Service_. - -## 6. Orders, Fees, and Payment - -### 6.1 Orders Generally - -All Orders are subject to the terms of these _Logfire Terms_ and are not binding until accepted by -_PSI_. Orders created by Customer through _Logfire Cloud_ are deemed accepted when _PSI_ provides access to -the service environment selected by Customer. _PSI_ may place controls and restrict the Customer's Orders of -_Logfire Cloud_ at its sole discretion. All Orders are non-refundable except as expressly provided in these -_Logfire Terms_. - -## 6.2 Fees and Payment - -The Customer must pay _PSI_ all fees incurred for its usage of _Logfire Cloud_ and any -additional fees specified in Orders. Where _Logfire Cloud_ are offered on a free trial basis, payment will be -required after the free trial period ends. Unless agreed otherwise in a written Order between the Parties, Customer's -use of _Logfire Cloud_ is subject to the fee schedule specified by the Site. The fees will be calculated and billed -monthly in arrears. If you choose monthly billing by credit card, you authorize a recurring monthly charge to your -credit card based on our current fee schedule for _Logfire Cloud_ specified by the Site and any additional fees -specified in Orders, and you must pay us the applicable fees and charges using your credit card. If paid by credit card, -all amounts payable to _PSI_ under these _Logfire Terms_ are due and must be paid within one (1) day from the end of a -billing cycle by Customer. If we send a separate invoice for payment rather than use credit card processing, all amounts -payable to _PSI_ under these _Logfire Terms_ are due and must be paid within fourteen (14) days from the date of invoice -by Customer. All amounts paid are non-refundable. - -### 6.3 Taxes - -All rates and fees are set out without value added tax (VAT) or any other applicable sales tax, which may -be added to the fees of your monthly bill or invoice in accordance with the then-applicable tax laws and regulations, -and you must inform us of your correct location to assist with determining the appropriate tax. Customer is otherwise -responsible for and will pay all applicable customs, duties, sales, use, value added, withholding, or other taxes, -federal, state or otherwise, however designated, which are levied or imposed because of the transactions contemplated by -these _Logfire Terms_, excluding only taxes based on _PSI_'s net income. If Customer is compelled to make a deduction or -set-off for any such taxes, Customer must pay _PSI_ such additional amounts as necessary to ensure receipt by -_PSI_ of the full amount _PSI_ would have received but for the deduction. - -### 6.4 Credit Card Processing - -For Orders that require payment by credit card, _PSI_ uses a third-party credit card -processing service to process payments. Customer consents to the use of such service and to the transfer of Customer's -credit card details (including any personal data contained therein) to such third-party processors. Customer agrees to -be bound by any separate terms applicable to the processing service. Customer's credit card will be charged fees -automatically for Customer's use of _Logfire Cloud_ at the end of each billing cycle. Currently, this third-party -credit card processing service is [Stripe, Inc.](https://stripe.com); the Customer is familiar and agrees to be bound -by any third-party terms applicable to the Stripe service. - -### 6.5 Late Payments - -Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by -law, if less) from the payment due date until paid in full. - -### 6.6 Changes to Fee Schedules - -We may change the fee schedule for a _Logfire Cloud_, including by increasing fees or -charges, by updating the Site. In the event that we change the fee schedule for _Logfire Cloud_, the fees payable by -you will increase or decrease in accordance with any such modification upon the date specified by the Site. You are -deemed to accept the new fee schedule, and be responsible for any fees incurred under the new fee schedule, by -continuing to use _Logfire Cloud_ after the specified date. - -## 7. Suspension and Discontinuation of Service - -### 7.1 - -_PSI_ may suspend _Logfire Cloud_ immediately for a reasonable period of time in order to perform -installation, change, or maintenance work to _Logfire Cloud_, including by itself or by the network or hosting -providers or others used by _PSI_ to implement _Logfire Cloud_. +You warrant and represent to PSI that: (1) you will not access the Services under false identity or pretext and will not use it to falsify your or any other person's identity (however, this will not prevent you from using an adopted name or nickname provided the name is used lawfully and in good faith); (2) you will use the Services lawfully, in compliance with these Terms of Service and in good faith; (3) all information you submit using the Services is true, accurate, and not misleading, to the best of your knowledge; (4) you have sufficient rights to grant PSI the license described in [section 5](#section-5), above; (5) PSI's processing of Client Data will not violate any law applicable to you or PSI, including laws relating to the privacy or security of personal information; (6) PSI's processing of Client Data will not infringe the rights (including the intellectual property rights) of any third parties; and (7) no Client Data will contain "protected health information" subject to the Health Insurance Portability and Accountability Act of 1996, as amended ("**HIPAA**"). -### 7.2 +We warrant and represent that we will use commercially reasonable measures to ensure the Services are consistently available and operating. However, PSI makes no representation or warranty regarding the availability of the Services and no failure of the Services to be available for your use will be considered a breach of these Terms of Service. You understand that if you are dissatisfied with the availability of the Services, your sole remedy is to terminate the Services as set forth in [section 11](#section-11). -_PSI_ may suspend, limit, or terminate the Customer's access to or use of _Logfire Cloud_, or may -suspend, limit, terminate, or delete the Content and any other Customer data and services, including any backups -thereof, immediately (a) due to a data security risk to _Logfire Cloud_; (b) we reasonably determine that your use of -_Logfire Cloud_ poses a risk to _Logfire Cloud_ or to other users of _Logfire Cloud_; (c) we change the way we -provide or discontinue any _Logfire Cloud_; (d) if law or administrative order requires us to do so; (e) if we become -aware of or reasonably suspect any activities of Customer or its Authorized Users that infringe on the policies set out -in Section 5 (Acceptable Use Policy); or (f) if we become aware of or reasonably suspect _Logfire Cloud_ are used -contrary to or for a purpose prohibited by these _Logfire Terms_, applicable laws, or administrative orders. - -### 7.3 - -_PSI_ may suspend, limit, or terminate the Customer's access to or use of _Logfire Cloud_ or Support -Services, or may suspend, limit, terminate, or delete the Content and any Customer data and services, including any -backups thereof, immediately if (a) if the Customer does not pay in full the fees due under these _Logfire Terms_ by their -due date; (b) _PSI_ has reasonable belief that the Customer will not pay in full the fees due under these Cloud -Terms by their due date; (c) the Customer does not have a valid payment method associated with its Account and is not -within the term of a free trial; or (d) the Customer is within the term of a free trial or otherwise has not accrued any -fees due under these _Logfire Terms_. This suspension or limited access may continue until the Customer has paid all fees in -full and/or has associated a valid payment method with its Account. _PSI_ may notify you with warnings before and -may notify you after it takes any such action. - -### 7.4 - -_PSI_ may suspend, limit, or terminate the Customer's access to or use of any Beta Offering, or may suspend, -limit, terminate, or delete the Content and any Customer data and services associated with any Beta Offering, including -any backups thereof, immediately at any time and for any reason. - -### 7.5 - -The Customer understands that _Logfire Cloud_ are hosted by a third-party hosting provider used by _PSI_ -to implement _Logfire Cloud_. Such hosting providers may discontinue or modify their hosting at any time. _PSI_ -is not liable in any way for any discontinuation or modifications of such services provided by hosting providers or -other subcontractors. - -### 7.6 - -If _PSI_ suspends, limits, or terminates the Customer's access to or use of any portion or all of the -_Logfire Service_, the Customer remains responsible for all fees incurred during the suspension and will not be entitled to any -credit or refund. - -## 8. Processing Personal Data - -### 8.1 - -The terms of the _PSI_ Data Processing Addendum (available [here](data_processing_addendum.md)) (the **"DPA"**) -are hereby incorporated by reference and will -apply to the extent any Content includes Customer Personal Data (as defined in the DPA). The DPA sets out how we will -process Customer Personal Data on your behalf in connection with _Logfire Cloud_ provided to you under these Cloud -Terms. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Customer -Personal Data as described in the DPA, including our security measures in Annex 2 of our DPA Standard Contractual -Clauses. - -## 9. Intellectual Property Rights and Ownership - -### 9.1 _PSI_ Rights - -_PSI_ or its licensors retain all rights, title, and interest, including all Intellectual -Property Rights, in and to _Logfire Cloud_; the Logfire Software, including all related and underlying technology -and documentation; and any derivative works, changes, corrections, bug fixes, enhancements, updates, modifications, or -improvements of any of the foregoing ("**Modifications**"), and including any Feedback (collectively, the "**_PSI_ -Materials**"). Except for the express limited rights set forth under these _Logfire Terms_, no right, title, or interest in -any _PSI_ Materials is granted to Customer. Customer acknowledges that the licenses granted in these _Logfire Terms_ do -not include the right to prepare any Modifications of the _PSI_ Materials. _PSI_ reserves all rights not -expressly granted in these _Logfire Terms_. No rights are granted by implication. - -### 9.2 Feedback - -You are not obligated to provide us with any suggestions, enhancement requests, recommendations, or -other feedback about _Logfire Cloud_, _PSI_'s products and services, or otherwise ("**Feedback**"), but if you -do, _PSI_ may freely use, incorporate, and modify such Feedback into Logfire Software, products, and services -without any restriction or payment. - -## 10. Confidentiality - -### 10.1 Confidential Information - -Each party shall retain in confidence all Confidential Information disclosed or made -available by the other party. For purposes of these _Logfire Terms_, "**Confidential Information**" means any technical or -business information disclosed by one party to the other party that: (a) if disclosed in writing, is marked -"confidential" or "proprietary" at the time of such disclosure; (b) if disclosed orally, is identified as "confidential" -or "proprietary" at the time of such disclosure, and is summarized in writing sent by the disclosing party to the -receiving party within thirty (30) days after any such disclosure; or (c) under the circumstances, a person exercising -reasonable business judgment would understand to be confidential or proprietary. Notwithstanding any failure to so -designate it, the _PSI_ Materials are _PSI_'s Confidential Information and Content is Customer's Confidential -Information. - -### 10.2 Confidentiality Obligations - -Each party shall (a) maintain the confidentiality of the other party's -Confidential Information using at least a reasonable degree of care; (b) refrain from using the other party's -Confidential Information except for the purpose of performing its obligations under these _Logfire Terms_; and (c) not -disclose Confidential Information to any third party except to employees, subcontractors, and agent as is reasonably -required in connection with these _Logfire Terms_ and who are subject to confidentiality obligations at least as protective -as those set forth in this Section 10. - -### 10.3 Confidentiality Limitations - -The confidentiality obligations will not apply to any Confidential Information of -the other party which (a) is now or hereafter becomes generally known or available to the public, through no act or -omission on the part of the receiving party; (b) was known, without restriction as to use or disclosure, by the -receiving party prior to receiving such information from the disclosing party; (c) is rightfully acquired by the -receiving party from a third party who has the right to disclose it and who provides it without restriction as to use or -disclosure; or (d) is independently developed by the receiving party without access to any Confidential Information of -the disclosing party. The receiving party may disclose Confidential Information to the extent required by any law or -regulation or by order of a court or governmental body of competent jurisdiction, provided that the receiving party uses -reasonable efforts to give the disclosing party reasonable advance notice of such required disclosure in order to enable -the disclosing party to prevent or limit such disclosure ("**Permitted Disclosures**"). _PSI_ will have no -obligation under this Section 10 for any Content or other data that Customer transmits to _Logfire Cloud_ in breach of -Section 5 (Acceptable Use Policy). - -### 10.4 Other Confidentiality Terms - -Each party shall immediately notify the other party of any unauthorized disclosure -or use of any Confidential Information and assist the other party in remedying such unauthorized use or disclosure by -taking such steps as are reasonably requested by such other party. The provisions of this Section 10 shall supersede any -non-disclosure agreement by and between the Parties (whether entered into before, on, or after the Effective Date) that -would purport to address the confidentiality and security of Content and such agreement shall have no further force or -effect with respect to Content. - -### 10.5 Injunctive Relief - -Any breach or threatened breach of this Section 10 may cause irreparable harm to the -disclosing party for which there is no adequate remedy at law. Therefore, the disclosing party will be entitled to seek -injunctive relief without the necessity of proving actual damages or posting a bond, in addition to any other remedies -available at law. - -### 10.6 Confidentiality Period - -The rights and obligations related to the Confidential Information shall survive the -termination of these _Logfire Terms_ for a period of three (3) years from such termination. Notwithstanding the foregoing, -the receiving party's obligations with respect to Confidential Information will survive termination of this Agreement so -long as the disclosing party is entitled to claim trade secret protections in the Confidential Information. - -## 11. Warranties and Disclaimers - -_PSI_ does not make or give any representation or warranty or condition of any kind, whether such representation, -warranty, or condition be express, implied, statutory, or otherwise, with respect to the _logfire cloud_, _PSI_ -software, support services, or any materials provided hereunder. _PSI_ specifically disclaims all other warranties, -express and implied, including without limitation the implied warranties of merchantability, title, quality, -non-infringement, and fitness for a particular purpose, and any representation, warranty, or condition from course of -dealing or usage of trade. The _logfire cloud_ are provided on an "as is" basis, and _PSI_ does not warrant that the -_logfire cloud_ or _PSI_ software will operate uninterrupted or error free, or that all errors will be corrected. - -## 12. Indemnification - -### 12.1 Customer Indemnification - -Customer will defend _PSI_ and our Affiliates and licensors from and against any -third-party claim, demand, or lawsuit (collectively, "Claims") arising out of or relating to (a) your use of the -_Logfire Service_ (including any activities under your Account and use by your employees and personnel) in breach of Section 5 -(Acceptable Use Policy); (b) any breach of these _Logfire Terms_ or violation of applicable laws, rules, or regulations by -you, including in connection with _Logfire Cloud_; or (c) any Content or the combination of any Content with other -applications, content, services, or processes, including any Claim involving alleged infringement or misappropriation of -Intellectual Property Rights or other third-party rights. Customer will pay any damages, costs, losses, and expenses -(including reasonable legal fees and other costs of defense) incurred by _PSI_ in connection with any Claim, -including but not limited to amounts paid by _PSI_ to settle such Claim. If we or our affiliates are obligated to -respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable -legal fees, as well as our employees' and contractors' time and materials spent responding to the third-party subpoena -or other compulsory legal order or process at our then-current hourly rates. - -### 12.2 _PSI_ Indemnification - -_PSI_ will defend Customer from and against any Claim arising out of the alleged -infringement of a third party's Intellectual Property Rights by (a) _PSI_'s observability technology used to deliver the -_Logfire Service_, and (b) any Logfire Software expressly licensed under an Order (together, the "**Logfire Technology**"), -and _PSI_ will pay such damages or costs as are finally awarded against Customer or agreed to in settlement -attributable to any such action. Notwithstanding the foregoing, _PSI_ assumes no liability hereunder for any claim -of infringement to the extent based on: (a) Content; (b) use of software other than a current, unaltered release of the -Logfire Software, as provided by _PSI_ to Customer; (c) the combination, operation, or use of the _PSI_ -Technology with equipment, devices, software, services, or data (including without limitation the Content) not supplied -by _PSI_, if a claim would not have occurred but for such combination, operation, or use; (d) any alteration or -modification of the Logfire Software or _Logfire Cloud_ by a party other than _PSI_; (e) open source software; or -(f) use of the Logfire Technology other than in accordance with the Documentation and these _Logfire Terms_. In addition -to _PSI_'s indemnity obligations, if the Logfire Technology becomes, or in _PSI_'s opinion is likely to -become, the subject of an infringement claim, _PSI_ may at its sole option and expense and as Customer's sole and -exclusive remedy, either: (a) procure for Customer the right to use the allegedly infringing element of the _PSI_ -Technology, at no charge to Customer; (b) replace or modify, in whole or in part, the Logfire Technology to make it -non-infringing; or (c) terminate the applicable Order, and refund a pro rata portion of any fees pre-paid by Customer -for the terminated _Logfire Cloud_. THIS SECTION SETS FORTH _PSI_'S ENTIRE LIABILITY AND OBLIGATION AND CUSTOMER'S -SOLE REMEDY FOR ANY CLAIM OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS. - -### 12.3 Indemnification Procedures - -Each party will provide the other with prompt notice of any claim. The failure of a -party seeking indemnification (an "**Indemnitee**") to provide prompt notice to the indemnifying party (an -"**Indemnitor**") relieves the Indemnitor of its obligation to defend and indemnify the Indemnitee only to the extent -that the failure to provide notice materially harms the Indemnitor's ability to defend the claim. The Indemnitor will -have sole control of the defense (including selection of counsel) and settlement of the claim, provided any settlement -releases Indemnitee from all liability. The Indemnitee will provide the Indemnitor, at Indemnitor's expense, with all -assistance, information, and authority reasonably required for the defense and settlement of the claim. The Indemnitee -will preserve and will not waive legal, professional, or any other privilege attaching to any of the records, documents, -or other information in relation to such claim without prior notification of consent by the Indemnitor. The Indemnitee -has the right to retain counsel, at the Indemnitee's expense, to participate in the defense or settlement of any claim. -The Indemnitor will not be liable for any settlement or compromise that an Indemnitee enters into without the -Indemnitor's prior written consent. - -## 13. Limitation of Liability - -### 13.1 - -_PSI_ and our affiliates and licensors will not be liable to customer for any indirect, incidental, -special, consequential, punitive, or exemplary damages, or for (to the extent the following are not categorized as the -foregoing excluded damages) for loss of business, contracts, revenue, profits, goodwill, production, anticipated -savings, use, or data, or for any claim or demand by any other party, however caused and under any theory of liability -(including contract, negligence or other tort, or intellectual property infringement) even if such party has been -advised of the possibility of such damages. - -### 13.2 - -_PSI_ and our affiliates and licensors will not be responsible for any compensation, reimbursement, or -direct damages arising in connection with: - -* (a) Your inability to use the _Logfire Cloud_; -* (b) The cost of procurement of substitute goods or services; -* (c) Any investments, expenditures, or commitments by you in connection with these logfire terms or your use of or - access to the _Logfire Cloud_; -* (d) Any unauthorized access to or disclosure of, alteration of, deletion, destruction, damage, loss, or failure to - store any of your content or other data; or -* (e) Any act or omission of a hosting provider. - -### 13.3 - -_PSI_ and our affiliates' and licensors' aggregate liability under these _Logfire Terms_ will be limited to -(a) the amount you actually pay us under these _Logfire Terms_ for _Logfire Cloud_ that gave rise to the claim during the 6 -months immediately preceding the incident giving rise to the claim, or (b) fifty thousand USD ($50,000), -whichever is less. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. - -## 14. Term and Termination - -### 14.1 Term - -These _Logfire Terms_ commence on the Effective Date and will remain in effect until the termination or -expiration of all Orders governed by these _Logfire Terms_, unless earlier terminated as provided below. - -### 14.2 Termination - -These _Logfire Terms_ begin on the Effective Date and will remain in effect until terminated in -accordance with this Section 14. Unless you have entered into an Order stating otherwise, including a specific -subscription period for the Order, Customer may terminate an Order or _Logfire Cloud_ at any time by following the -process in the Site or via APIs to "delete" Customer's purchased _Logfire Cloud_. The termination of an Order or _Logfire Cloud_ will not automatically result in the termination of your Account and of these _Logfire Terms_. Unless you -have entered into an Order stating otherwise, you may terminate your Account and these _Logfire Terms_ by sending us a -written notice of termination. Either party may terminate these _Logfire Terms_ or an Order upon written notice in the event -the other party materially breaches these _Logfire Terms_ and such breach is not cured within thirty days after written -notice of such breach. _PSI_ may also terminate these _Logfire Terms_ for convenience by providing you thirty days -advance notice. Either party may also terminate these _Logfire Terms_ immediately if the other party (a) terminates or -suspends its business, or ceases to operate in the ordinary course; (b) makes an assignment for the benefit of creditors -or similar disposition of its assets; (c) becomes subject to any bankruptcy, reorganization, dissolution, insolvency, or -similar proceeding; (d) becomes insolvent or subject to direct control by a trustee, receiver, or similar authority; or -(e) has wound up or liquidated, voluntarily or otherwise. - -### 14.3 Effect of Termination - -Upon termination or expiration of these _Logfire Terms_, (a) all your rights and all our -obligations under these _Logfire Terms_ immediately terminate; and (b) you remain responsible for all fees and charges you -have incurred up to and including the date of termination, which will become immediately due and will remain subject to -the terms of Section 6. Upon termination of these _Logfire Terms_ or expiration of an Order, Customer will immediately cease -use of _Logfire Cloud_ and Logfire Software, and if applicable, the Support Services. Customer is solely -responsible for exporting Content from _Logfire Cloud_ prior to expiration or termination of these _Logfire Terms_. We -have no obligation to continue to store your Content from a _Logfire Cloud_, including in data backups, after you have -terminated _Logfire Cloud_ or after termination of these _Logfire Terms_. Customer acknowledges that following termination -it will have no further access to any Content. Notwithstanding the above, upon termination or expiration of these Cloud -Terms, the provisions of Sections 9, 10 (for the duration set forth in Section 10.6), 11, 13, 14.3, 15, and 16 will -survive and continue in full force and effect. - -## 15. General - -### 15.1 Relationship - -We and you are independent contractors, and neither party, nor any of their respective -Affiliates, is an agent of the other for any purpose or has any right or authority to assume or create any obligations -or to make any representations or warranties on behalf of the other party, whether express or implied, or to bind the -other party in any respect. Unless otherwise specifically stated, the terms of these _Logfire Terms_ are intended to be and -are solely for the benefit of _PSI_ and Customer and do not create any right in favor of any third party. - -### 15.2 Assignment - -Neither party may assign these _Logfire Terms_ or any of its rights or obligations hereunder without -the prior written consent of the other party, which shall not be unreasonably withheld, and any such assignment in -violation of this Section shall be void, except that (a) either party may assign these _Logfire Terms_ or rights granted -hereunder to an Affiliate without the consent of the other party and (b) the transfer of these _Logfire Terms_ or rights -granted hereunder to a successor entity in the event of a merger, corporate reorganization, or acquisition shall not -constitute an assignment for purposes of this Section. - -### 15.3 Governing Law - -These _Logfire Terms_ will be governed by the laws of the State of New York, without reference to -the principles of conflicts of law. The Parties acknowledge and agree that these _Logfire Terms_ relates solely to the -performance of services (not the sale of goods) and, accordingly, will not be governed by the Uniform Commercial Code of -any State having jurisdiction. In addition, the provisions of the Uniform Computerized Information Transaction Act and -United Nations Convention on Contracts for the International Sale of Goods will not apply to these _Logfire Terms_. - -### 15.4 Consent to Jurisdiction - -You must attempt to resolve any dispute related to these _Logfire Terms_ informally, -initially through our respective management, and then by non-binding mediation in New York County, New York. Any -litigation related to these _Logfire Terms_ shall be brought in the state or federal courts located in New York County, New -York, and only in those courts and you irrevocably waive any objections to such venue. _PSI_ retains the right to -claim unpaid fees in a public court. - -### 15.5 Notice - -All communications and notices to be made or given pursuant to these _Logfire Terms_ must be in English. We -may provide any notice to you under these _Logfire Terms_ by posting a notice on the Site or by sending a message to an -email address associated with your Account. You will be deemed to have received any email sent to an email address then -associated with your Account when we send the email, whether or not you actually receive the email. To give us notice -under these _Logfire Terms_, you must: Email us at [legal@pydantic.dev](mailto:legal@pydantic.dev). - -### 15.6 Trade Compliance - -Customer will comply fully with all applicable export control and sanctions laws and -regulations of any country (including the U.S.) having competent jurisdiction to ensure that no services, payments, or -other deliverables provided under these _Logfire Terms_ are: (i) provided to, purchased by, routed through, or used for the -direct benefit of any party subject to the restriction of a sanctions or export denial list; (ii) used in any country or -region subject to comprehensive sanctions ; (iii) used for any purpose prohibited under applicable export control and -sanctions laws and regulations, including, but not limited to, nuclear, chemical, or biological weapons proliferation; -or (iv) for any other use requiring a license or other governmental approval where such authorization has not been -obtained. Customer will not provide to _PSI_ any materials, information, software, technology, or technical data -that is export controlled at a level higher than EAR99 under the U.S. Export Administration Regulations or on any other -dual-use or munitions export control list. If _PSI_ determines that Customer has breached its obligations under this -section, becomes subject to sanctions or an export denial, uses a sanctioned bank for processing of payments under this -agreement, or there is a change in applicable sanctions or export control laws that make performance of these Cloud -Terms impermissible or practically infeasible, _PSI_ shall have the right to suspend or terminate the _Logfire Terms_ -and _Logfire Cloud_, if continued performance could result in _PSI_ being in violation, or subject to negative -consequences, under the applicable export control and sanctions laws and regulations. - -### 15.7 U.S. Government Rights - -The _Logfire Cloud_, Support Services, and Logfire Software, including all related -Logfire technology and content, are "commercial computer software", "commercial computer software documentation", -and/or "commercial items" as those terms are described in DFAR 252.227-7014(a)(1) and in the FAR at 48 C.F.R. 2.101, and -they are provided for ultimate U.S. federal government end use solely with government technical data and software rights -that include only those rights customarily provided to the public as defined in these _Logfire Terms_. This customary -commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for -Department of Defense transactions, DFAR 252.227-7015 (Technical Data -- Commercial Items) and DFAR 227.7202 (Commercial -computer software and commercial computer software documentation). - -### 15.8 Third Party Software - -In addition to the Logfire Software, _PSI_ also makes available certain third-party -open source software as identified in the applicable help, notices, about, or source files ("**Third Party Software**"). -The Third Party Software shall be subject to the applicable open source license(s) and not these _Logfire Terms_. _PSI_ -makes no warranties, express or implied, and will not be obligated under Section 12 (Indemnification) with respect to -any Third Party Software. To the extent the terms of open source licenses applicable to Third Party Software prohibit -any of the restrictions in these _Logfire Terms_, such restrictions will not apply to such Third Party Software. To the -extent the terms of open source licenses applicable to Third Party Software require _PSI_ to make an offer to -provide source code or related information in connection with the Third Party Software, such offer is made. - -### 15.9 Use of Name and Logo - -_PSI_ will obtain written agreement from any Customer before using their trade names, services marks, or logos -in marketing materials, customer lists, press releases, articles, websites, advertisements, or other promotional activities. - -### 15.10 Force Majeure - -You understand and agree that your use of _Logfire Cloud_ may be delayed or interrupted by -causes beyond our reasonable control, and we are not liable for any delay or failure to perform any obligation under -these _Logfire Terms_, or any damages or consequences thereof, where the delay or failure results from any cause beyond our -reasonable control. Such causes beyond our reasonable control include, without limitation, acts of God; acts or orders -of government; changes in law or regulations; epidemics and pandemics; flood, fire, earthquakes, storms, or other -elements of nature; blockages, embargoes, riots, civil unrest, acts of terrorism, or wars; strikes, lockouts, labor -disputes, or other industrial disturbances; destruction of production facilities; systemic electrical, -telecommunications or other utility failures; computer, telecommunications, the Internet, Internet service provider, -hosting provider, or hosting facility failures or delays involving hardware, software, or power systems not within our -possession or reasonable control; network intrusions or denial of service attacks; or any other cause, whether similar -or dissimilar to any of the foregoing, that is beyond our reasonable control (individually or collectively as -applicable, "Force Majeure"). A Force Majeure event suffered by a subcontractor of _PSI_ shall also discharge us -from liability, if the work to be performed under subcontracting cannot be done or acquired from another source without -incurring unreasonable costs or significant loss of time. +You agree that your use of the Services shall be at your sole risk. The Services are provided to you on an "as is" basis. PSI, its affiliates, and their respective officers, directors, managers, owners, shareholders, members, employees, agents, licensees, licensors, and suppliers (collectively, the "**PSI Parties**") give no warranty nor make any representation in relation to the Services or any data or other content therein. In particular, the PSI Parties make no warranty regarding the performance of the Services or the performance of any software or other product that uses or connects to the Services. To the fullest extent permitted by law, the PSI Parties expressly disclaim any representation or warranty, other than as set forth above, on the part of the PSI Parties relating to the Services and the data or other content therein. This disclaimer extends to any express, implied, statutory, or other warranty, including any implied warranties of availability of the service, interoperability with third party software, systems and services, non-disruption, security, accuracy, loss of data or corruption of data, the use of reasonable care and skill, quality, merchantability, title or entitlement, fitness for a particular purpose, ability to achieve a particular result or functionality and non-infringement of third party rights, as well as warranties arising by usage of trade, course of dealing, and course of performance. -### 15.11 Entire agreement +## 9. Indemnity {#section-9} -These _Logfire Terms_ constitute the entire agreement between the Parties relating to the -subject matter of these _Logfire Terms_. Orders will be for the sole purpose of defining quantities, prices, and describing -the services to be provided under these _Logfire Terms_, and Orders are incorporated as a part of these _Logfire Terms_ to this -extent only; all other terms in Orders are rejected. These _Logfire Terms_ supersede all prior or contemporaneous -representations, understandings, proposals, agreements, or communications between you and us, whether written or verbal, -relating the subject matter of these _Logfire Terms_. You acknowledge that you have not relied on any representations other -than those contained in these _Logfire Terms_. No waiver of any provision of these _Logfire Terms_ will be effective unless in -writing and signed by both Parties. +### Your Indemnity Obligations -### 15.12 Severability; Failure to Enforce +You agree to indemnify, defend, and hold harmless the PSI Parties from and against any claim, loss, obligation, demand, damage, cost, liability, expense, and attorney's fees arising from any claim against the PSI Parties (including, but not limited to, claims or damages for personal injury, wrongful death, property damage, and injury to you or to third parties, consequential, compensatory, or punitive damages), demand, or proceedings brought or threatened against the PSI Parties in connection with (a) your use of, access to, or misuse of the Services; (b) your breach of any of these Terms of Service; (c) your violation of any applicable laws, rules, or regulations in connection with your use of the Services; (d) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (e) activity that occurs under your account as a result of your failure to maintain the confidentiality of your account credentials; provided that you will have no such obligation to the extent such losses are caused by PSI's reckless or willful misconduct or, in the case of a claim under (c), to the extent caused by the Services. -If any provision of these _Logfire Terms_ is held to be invalid or -unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the -maximum extent possible so as to effect the intent of the Parties and will be reformed to the extent necessary to make -such provision valid and enforceable. Our failure to enforce any provision of these _Logfire Terms_ will not constitute a -present or future waiver of such provision nor limit our right to enforce such provision at a later time. +### PSI's Indemnity Obligations -### 15.13 Amendments +PSI will defend you from and against any claim alleging that the Services infringe a third party's intellectual property rights and PSI will pay such damages or costs as are finally awarded against you or agreed to in settlement attributable to any such action. Notwithstanding the foregoing, PSI assumes no liability hereunder for any claim of infringement to the extent based on: (a) Client Data; (b) the combination, operation, or use of the Services with equipment, devices, software, services, or data (including Client Data) not supplied by PSI, if a claim would not have occurred but for such combination, operation, or use; (c) any alteration or modification of the Services by a party other than PSI; (d) open source software; or (e) use of the Services other than in accordance with the documentation and these Terms of Service. In addition to PSI's indemnity obligations, if the Services become, or in PSI's opinion are likely to become, the subject of an infringement claim, PSI may, at its sole option and expense and as your sole and exclusive remedy, either: (a) procure for you the right to use the allegedly infringing element of the Services, at no additional charge to you; (b) replace or modify, in whole or in part, the Services to eliminate the alleged infringement; or (c) terminate the provision of Services to you. **This paragraph sets forth PSI's entire liability and obligation and your sole remedy for any claim of infringement of any intellectual property rights.** -We may amend these _Logfire Terms_ at any time by posting a revised version on the Site or by -otherwise notifying you by email. Amended Terms of Service become effective upon posting on the Site or as stated in our -email notice message. By continuing to use _Logfire Cloud_ after the effective date of any amendment to these Cloud -Terms, you agree to be bound by the amended Terms of Service. Your sole remedy should you not agree with the altered -_Logfire Terms_ shall be to cease your use of _Logfire Cloud_ and to comply with your termination obligations outlined in -Section 14. Please check the Site regularly. We last amended these _Logfire Terms_ on the date listed at the beginning of -these _Logfire Terms_. +### Indemnification Procedure -## 16. Definitions +Each party will provide the other with prompt notice of any claim covered under this section. The failure of a party seeking indemnification (an "Indemnitee") to provide prompt notice to the indemnifying party (an "Indemnitor") relieves the Indemnitor of its obligation to defend and indemnify the Indemnitee only to the extent that the failure to provide notice materially harms the Indemnitor's ability to defend the claim. The Indemnitor will have sole control of the defense (including selection of counsel) and settlement of the claim, provided any settlement releases Indemnitee from all liability. The Indemnitee will provide the Indemnitor, at Indemnitor's expense, with all assistance, information, and authority reasonably required for the defense and settlement of the claim. The Indemnitee will preserve and will not waive legal, professional, or any other privilege attaching to any of the records, documents, or other information in relation to such claim without prior notification of consent by the Indemnitor. The Indemnitee has the right to retain counsel, at the Indemnitee's expense, to participate in the defense or settlement of any claim. The Indemnitor will not be liable for any settlement or compromise that an Indemnitee agrees to without the Indemnitor's written consent. -### Affiliate +## 10. Limitations on Liability {#section-10} -Means an entity that a party, directly or indirectly, controls, an entity that controls a party or an -entity that is under common control with a party. "Control" means ownership of at least fifty percent (50%) of the -outstanding voting shares of the entity. +In no event shall the PSI Parties be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, even if the PSI Parties have been advised of the possibility of such damages in advance. To the fullest extent permitted by law, the PSI Parties will have no liability whatsoever for any damage, liability, or loss that you may incur, or for any other undesirable consequences, resulting from: (a) any suspension, unavailability, or disruption of the Services, (b) any errors, mistakes, or inaccuracies in data or other content in the Services, (c) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (d) unauthorized access to or use of PSI's servers or information systems, including any information stored therein, (e) interruption or cessation of transmission to or from the Services; (f) bugs, viruses, trojan horses, or the like, which may be introduced to or through the Services by any third party; and (g) failures, disruptions, errors, or delays arising from the interaction between the Services and third-party software, systems and services used by you. -### Authorized User +The PSI Parties will have no liability whatsoever for any damage, liability, or loss that you or any other person may incur, or for any other undesirable consequences, resulting from your breach of your warranties or other obligations under these Terms of Service including, without limitation, the obligation to keep your account details secure or from the sharing of such information with any other person. -Means employee, contractor, or individual that: +The PSI Parties' maximum aggregate liability to you or any third party for a single event or a series of related events giving rise to a claim in connection with these Terms of Service or in relation to the Services will be limited to the amount you have paid for the Services in the six months preceding the event or the first in the series of related events or $50,000 (USD), whichever is less. -1. We authorize to access, view, or use the Services -2. Signs up for an Account in accordance with _PSI_'s then current account registration procedures, and -3. Assents to these _Logfire Terms_ or other applicable agreement with _PSI_. +Some jurisdictions do not allow the disclaimer of certain warranties or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. -### Content +## 11. Termination of Access; Modification and Discontinuation of the Service {#section-11} -Means all data and information transmitted to _Logfire Cloud_ by Customer, its Authorized Users, or on -Customer's behalf. +PSI may immediately terminate the provision of the Services to you without notice, in the event that you (a) breach these Terms of Service or (b) misuse or challenge PSI's rights in the Client Data or the Marks. -### Documentation +PSI may at any time discontinue the Services altogether or modify the Services and such modifications may adversely affect the use of the Services. You agree that PSI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. PSI will use reasonable efforts to notify users of the cessation of the Services or any changes that would impair your use of the Services. PSI may give such notices through the Services, on its website, or by email. -Means the standard user documentation for the Logfire Software and _Logfire Cloud_ located -[here](../index.md) or at other locations as _PSI_ may provide. +If your access is terminated for any reason, your right to access and use the Services will also immediately terminate. Upon termination, you shall immediately discontinue all access to and use of the Services and destroy or delete all copies of content or materials accessed or obtained via your access to the Services, except for Client Data. -### Intellectual Property Rights +## 12. Third Party Websites, Online Services, and Software {#section-12} -Means patent rights (including patent applications and disclosures), copyrights, -trademarks, trade secrets, know-how, and any other intellectual property rights and all goodwill associated therewith, -recognized in any country or jurisdiction in the world. +The Services may contain links to third-party websites, online services, and software products that are not owned or controlled by PSI. PSI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, online services, or software, and you use them solely at your own risk. These links are provided for your reference and convenience only, and do not necessarily imply any endorsement, sponsorship, or recommendation of any material therein. In addition, PSI will not and cannot control or edit the content of any third-party website, online service, or software product. You expressly release the PSI Parties from all liability arising from your use of any third-party website or online service and from any loss or damage of any sort you may incur from dealing with any third party. For clarity, you also agree that PSI's indemnifications, as stated in [section 9](#section-9), above, shall not apply to third-party websites, online services, or software products. Accordingly, we encourage you to be aware when you leave the Services and to read the terms and conditions of use for each other website, online service, or software product that you use. -### Order +## 13. Choice of Law, Dispute Resolution, Class Action Waiver, and Time Limit on Claims {#section-13} -Means (a) an ordering document for a _Logfire Cloud_, Support Services, and/or any professional advisory and -training services, agreed upon by the Parties, and referencing these _Logfire Terms_, or (b) _Logfire Cloud_ selected -and activated by Customer via the Site, including any selected Support Services. +### Choice of Law -### "Parties" and "Party" +These Terms of Service and all matters arising from or related to the services or products provided pursuant to or connection with these Terms of Service are governed by the laws of the United States and by the laws the State of New York, without regard to conflict of law provisions. The provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the Uniform Computer Information Transactions Act (UCITA) are expressly excluded in their entirety from applying to these Terms of Service. -Means _PSI_ and the Customer jointly and separately. +### Pre-Dispute Mediation -### Site +Before commencing an arbitration, you agree to inform us of the nature of the claim and the relief you seek by sending a notice to us as set forth in [section 14](#section-14). Within seven business days, we will contact you and thereafter you and we will attempt to resolve the claim or issue in a satisfactory way. You agree not to file any complaint for relief in any court or other tribunal unless we fail to reach a mutually satisfactory resolution within twenty-one days after sending your notice. -Means the locations designated by _PSI_, which may include subdomains or subpages within _PSI_'s -websites, including [logfire.dev](https://logfire.dev) and [pydantic.dev](https://pydantic.dev), or other locations or -methods of providing access to, use of, or information about _Logfire Cloud_ or Logfire Software. +### Class Action Waiver -### Support Services +You and we agree that any dispute between us will be resolved only on an individual basis. You and we agree to give up any rights to participate in a class action or representative action with respect to any dispute involving you and us. PSI will not, and you will not, seek to have any dispute heard as a class action, a private attorney-general action, or any other proceeding in which you or PSI act(s) or propose(s) to act as a representative for others. -Means the applicable support and maintenance service that Customer purchases for _Logfire Cloud_, as may be more fully -described in the Order and these _Logfire Terms_. +### Venue and Jurisdiction -### Logfire Software +Any dispute arising out of or relating to these Terms of Service or your use of the Services shall be brought in a state or federal court of competent subject-matter jurisdiction located in New York County, New York. You and we consent to the personal jurisdiction of any such court and waive any venue- or forum-related objections to such courts. -Means the _Logfire Cloud_ software, the Logfire SDK and related Documentation. +### Time Limit to Bring Claims + +Any legal action brought between you, on the one hand, and PSI or any of the PSI Parties, on the other hand, must be commenced within one year of the date on which such legal claims would ordinarily accrue under the applicable statute of limitations or similar temporal deadline for commencing a legal action. + +## 14. Notices {#section-14} + +All notices provided under these Terms of Service must be sent in English. + +1. **To You.** We may provide any notice to you under these Terms of Service by: (i) sending a message to the email address you provide (if applicable) and/or (ii) by posting to the Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current. +2. **To Us.** To give us notice under these Terms of Service, you must contact us as follows: (i) by email to [legal@pydantic.dev](mailto:legal@pydantic.dev) or (ii) by personal delivery, overnight courier, or registered or certified mail to: Pydantic, 1207 Delaware Ave #1225 Wilmington, DE 19806. We may update the email address, facsimile number or address for notices to us by posting a notice on the Services. Notices provided by personal delivery will be effective immediately. Notices will be effective on the date they are received by PSI. + +## 15. Force Majeure {#section-15} + +We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Service, for any failure or delay in our performance under these Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. + +## 16. Assignment and Delegation {#section-16} + +These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you without PSI's prior written consent, which shall not be unreasonably withheld. Any purported assignment or transfer in violation of these Terms of Service is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Service. We may assign these Terms of Service and our rights and obligations, in whole or in part, without notice to you, to any affiliate or to a successor in interest to the business to which these Terms of Service relate, whether by merger, sale of stock, sale of all or substantially all of the assets, or otherwise. + +You agree that we may also delegate our duties under these Terms of Service to any third party without notice to you or approval from you. + +## 17. Third Party Beneficiaries {#section-17} + +You acknowledge that each of the PSI Parties is an intended third-party beneficiary of these Terms of Service. Otherwise, nothing in this agreement is intended to confer any right, remedy, cause of action or liability on any person other than PSI, its successors and assigns, and you. + +## 18. Export Control {#section-18} + +Software and the transmission of applicable technical data, if any, in connection with the Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the U.S. or the country in which you reside. PSI may suspend or terminate the provision of the Services to you if PSI reasonably determines that your use of the Services may result in PSI being in violation or subject to negative legal consequences relating to export control or sanction laws. + +## 19. Confidential Information {#section-19} + +Both parties shall retain in confidence all Confidential Information disclosed or made available by the other party. For purposes of these Terms of Service, "Confidential Information" means any information disclosed by one party to the other party that: (a) is marked "confidential" or "proprietary" at the time of such disclosure; (b) if disclosed orally, is identified as "confidential" or "proprietary" at the time of such disclosure; or (c) under the circumstances, a person exercising reasonable business judgment would understand to be confidential or proprietary. Notwithstanding any failure to so designate it, any documentation or other materials accompanying the Services and any Orders are PSI's Confidential Information and Client Data is your Confidential Information. Each party shall (a) maintain the confidentiality of the other party's Confidential Information using at least a reasonable degree of care; (b) refrain from using the other party's Confidential Information except for the purpose of performing its obligations under these Terms of Service; (c) not disclose Confidential Information to any third party except as is reasonably required for the party to carry out its duties in connection with these Terms of Service and (d) limit disclosures of Confidential Information to third parties who are subject to confidentiality obligations comparable to those set forth in this section. + +The foregoing confidentiality obligations will not apply to any Confidential Information of the other party which (a) is now or hereafter becomes generally known or available to the public, through no act or omission on the part of the receiving party; (b) was known, without restriction as to use or disclosure, by the receiving party prior to receiving such information from the disclosing party; (c) is rightfully acquired by the receiving party from a third party who has the right to disclose it and who provides it without restriction as to use or disclosure; or (d) is independently developed by the receiving party without access to any Confidential Information of the disclosing party. The receiving party may disclose Confidential Information to the extent required by any law or regulation or by order of a court or governmental body of competent jurisdiction, provided that the receiving party uses reasonable efforts to give the disclosing party reasonable advance notice of such required disclosure to enable the disclosing party to prevent or limit such disclosure. PSI will have no obligation under this [section 10](#section-10) for any Client Data or other data or information that you transmit to or through the Services in breach of [section 6](#section-6). + +Each party shall immediately notify the other party of any unauthorized disclosure or use of any Confidential Information and assist the other party in remedying such unauthorized use or disclosure by taking such steps as are reasonably requested by such other party. The provisions of this section shall supersede any previously executed non-disclosure agreement between the parties. + +Any breach or threatened breach of this section may cause irreparable harm to the disclosing party for which there is no adequate remedy at law. Therefore, the disclosing party will be entitled to seek injunctive relief without the necessity of proving actual damages or posting a bond, in addition to any other remedies available at law. + +The rights and obligations related to the Confidential Information shall survive the termination of these Terms of Service. With regard to a disclosing party's trade secret, the receiving party's duty of confidence in this section shall endure for as long as the Confidential Information remains a trade secret. Otherwise, the duty of confidence set forth in this section shall continue for three years after the disclosing party discloses the Confidential Information to the receiving party. + +## 20. Data Security and Personal Data Processing {#section-20} + +PSI shall use commercially reasonable efforts to implement and maintain reasonable administrative, technical, and physical safeguards designed to protect Client Data. + +PSI may immediately suspend, limit, or terminate your access to or use of the Services, or may suspend, limit, terminate, or delete the Client Data, including any backups thereof, (a) when reasonably necessary to address or mitigate a data security risk to the Services; (b) we reasonably determine that your use of the Services poses a risk to the Services or its other users; or (c) if we are legally compelled to do so. PSI shall promptly restore normal service to you once the cause for the suspension, limitation, or termination has lapsed or been eliminated. + +PSI shall process personal data within the Client Data in accordance with the [Data Processing Addendum](data_processing_addendum.md). + +You shall be responsible for your own devices, systems, applications, connections, and software used to access the Services as well as for the protection of its communications and information systems. You are also responsible for properly configuring and using the Services and taking your own steps to maintain appropriate backups and other security measures to protect Client Data. + +## 21. General Terms {#section-21} + +These Terms of Service constitute the entire agreement between the parties and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service. Each party acknowledges that it has not relied on or been induced to enter these Terms of Service by a representation other than those expressly set out in these Terms of Service. + +Except as expressly permitted under these Terms of Service, no modification, alteration, or waiver of any of the provisions of these Terms of Service will be effective unless in writing and signed on behalf of each of the parties. No waiver of any of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and PSI's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. + +PSI may revise these Terms of Service, including the Data Processing Addendum referred to in [section 20](#section-20), from time to time. Any revision to these Terms of Service shall be effective beginning on the first day of your next monthly billing cycle. If you do not agree to be bound by the revised Terms of Service, you must terminate the Services as set forth in [section 11](#section-11). You agree that, by continuing to use the Services in the next monthly billing cycle following a revision of the Terms of Service, you will be bound by the revised Terms of Service. + +Nothing in these Terms of Service will create, or be deemed to create, a partnership or joint venture and may not be construed as giving rise to the relationship of principal and agent between the parties. + +All terms that by their sense are expected to survive after you cease using the Services or the termination of these Terms of Service shall survive. diff --git a/mkdocs.yml b/mkdocs.yml index d4d696c76..948ccade6 100644 --- a/mkdocs.yml +++ b/mkdocs.yml @@ -148,7 +148,6 @@ nav: - Legal: - Terms of Service: legal/terms_of_service.md - Privacy Policy: legal/privacy.md - - Service Level Agreement: legal/service_level_agreement.md - Data Processing Addendum: legal/data_processing_addendum.md - Cloud Subprocessors: legal/cloud_subprocessors.md - Release Notes: release-notes.md @@ -212,5 +211,8 @@ plugins: - url: https://requests.readthedocs.io/en/latest/objects.inv - url: https://typing-extensions.readthedocs.io/en/latest/objects.inv - url: https://rich.readthedocs.io/en/stable/objects.inv + - redirects: + redirect_maps: + 'legal/service_level_agreement.md': 'legal/terms_of_service.md' hooks: - docs/plugins/main.py diff --git a/pyproject.toml b/pyproject.toml index 76325432a..b9faad197 100644 --- a/pyproject.toml +++ b/pyproject.toml @@ -143,6 +143,7 @@ dev-dependencies = [ "pyarrow>=17.0.0", "pytest-recording>=0.13.2", "uvicorn>=0.30.6", + "mkdocs-redirects>=1.2.1", ] [tool.rye.scripts] diff --git a/requirements-dev.lock b/requirements-dev.lock index 5d433ba6b..08269ea2f 100644 --- a/requirements-dev.lock +++ b/requirements-dev.lock @@ -7,6 +7,7 @@ # all-features: false # with-sources: false # generate-hashes: false +# universal: false -e file:. aiohappyeyeballs==2.4.0 @@ -164,6 +165,7 @@ mergedeep==1.3.4 mkdocs==1.6.1 # via mkdocs-autorefs # via mkdocs-material + # via mkdocs-redirects # via mkdocstrings mkdocs-autorefs==1.2.0 # via mkdocstrings @@ -173,6 +175,7 @@ mkdocs-glightbox==0.4.0 mkdocs-material==9.5.34 mkdocs-material-extensions==1.3.1 # via mkdocs-material +mkdocs-redirects==1.2.1 mkdocstrings==0.26.1 # via mkdocstrings-python mkdocstrings-python==1.10.7 @@ -333,12 +336,12 @@ psycopg-binary==3.2.1 # via psycopg psycopg2-binary==2.9.9 pyarrow==17.0.0 -pydantic @ git+https://github.com/pydantic/pydantic@a6dc87285f93f90c2d5c298ee7c52f5d7e878194 +pydantic @ git+https://github.com/pydantic/pydantic@43ed0d3f5ae2a79f217b7311588a704984e175aa # via anthropic # via fastapi # via openai # via sqlmodel -pydantic-core==2.23.3 +pydantic-core==2.24.0 # via pydantic pygments==2.18.0 # via mkdocs-material diff --git a/requirements.lock b/requirements.lock index 00141e3d6..118542b5b 100644 --- a/requirements.lock +++ b/requirements.lock @@ -7,6 +7,7 @@ # all-features: false # with-sources: false # generate-hashes: false +# universal: false -e file:. certifi==2024.8.30