Terms of Service

Terms and conditions governing your use of Bugsnag.

Last updated: April 20, 2020

Overview

The following terms and conditions govern all use of our software as a service business, including on bugsnag.com, docs.bugsnag,com, and other Bugsnag websites (each a “Site” or “Sites”), forums, blogs, and other online or offline offerings (together with any and all future mobile, online, and offline offerings operated by or on behalf of Bugsnag (taken together, the “Service”). The Service monitors errors in web, mobile and server applications and programs under the direction of its Customers, to provide session, error and crash event data.

The Service is owned and operated by Bugsnag Inc. (“Bugsnag”). The Service is offered subject to your acceptance without modification of all of these Terms and Conditions contained herein and all other operating rules, policies (including, without limitation, Bugsnag’s Privacy Policy and Data Processing Addendum and procedures that may be published from time to time on our Site by Bugsnag, (collectively, the “Agreement”).

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

1. Your Bugsnag Account

  • You must be 16 years of age or older to use the Service.
  • You are responsible for maintaining the security of your Service account and password.
  • A “Collaborator” (or user or seat) means any person approved by you and granted access to your Bugsnag dashboard and/or permitted to receive email notifications regarding your Service subscription from Bugsnag.
  • Each Collaborator must maintain his or her own Bugsnag user account, with his or her own access credentials.
  • You must immediately notify Bugsnag of any unauthorized uses of your Account or any other breaches of security. Bugsnag will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  • You are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account.
  • One person or legal entity may not maintain more than one Free Account.

2. Types of Plans and Usage Parameters

  • Bugsnag offers various subscription and pricing plans. Each plan type sets a maximum for days of storage of your event data, a maximum number of Collaborators and a maximum number of events to be processed each day. You can learn more about this using the slider at https://www.bugsnag.com/pricing.
  • Bugsnag offers a 14-day free trial of each plan type, and no credit card is required for the trial.
  • A free version (“Free Plan”) is available for a limited number of events per month and Collaborators per month. No credit card is required to use the Free Plan. Bugsnag determines the maximum number of events processed each day and the maximum number of Collaborators. Bugsnag deletes events sent to Bugsnag in excess of the permitted daily maximum.
  • All plans other than the “Free Plan” are “Paid Plans.” For Paid Plans, you determine the maximum number of events processed each day (“Daily Quota”) and this in turn establishes the maximum number of Collaborators and the Fees payable. This is described generally at https://bugsnag.com/pricing. You can view the use limits for your Paid Plan tier at your “Plans & Billing” tab under https://app.bugsnag.com/settings.
  • From time to time Bugsnag will cease to offer certain Paid Plans. Bugsnag shall use commercially reasonable efforts to support such legacy Paid Plans until the end of the term during which the Paid Plan is deprecated or as otherwise terminated. Notwithstanding the foregoing, Bugsnag reserves the right to discontinue supporting legacy Paid Plans at any time without prior notice.

3. Overage Fees

  • Each Paid Plan has a Daily Quota of events to be processed. Unless you have enabled sampling on your subscription, you may exceed your Daily Quota three days in every rolling 30-day period without incurring additional fees.
  • If you have purchased a Paid Plan, and if you exceed your Daily Quota more than three days in a rolling 30-day period, then you can choose to automatically upgrade to the next pricing tier. If you choose this option then this will be displayed at your “Plans & Billing” tab under https://app.bugsnag.com/settings. This means that if you exceed your Daily Quota as described then we will automatically upgrade your Paid Plan to the next highest Daily Quota and pricing tier on a prorated basis for the remainder of your Subscription Period and any renewal term. We refer to this additional fee as the “Overage Fee”. You can view the next highest Daily Quota and pricing tier by using the slider at https://bugsnag.com/pricing and on your “Plans & Billing” tab under https://app.bugsnag.com/settings. If you have chosen the option to automatically upgrade then change your mind you can disable the automatic upgrade option for any upcoming renewal period at your “Plans & Billing” tab under https://app.bugsnag.com/settings.
  • You are not required to choose the automatic upgrade option and are not required to pay Overage Fees. Instead, you can avoid the automatic upgrade by choosing to sample (throttle) the number of events processed by the Service so that you do not exceed your daily permitted maximum. In this case, the Service will process some but not all of your events. If you have chosen to sample events then this is described in your order form and at your “Plans & Billing” tab under https://app.bugsnag.com/settings.
  • Downgrading your Service plan tier from a higher number of maximum daily events processed to a lower number of maximum daily events processed, or from a Paid Plan to an unpaid plan, may cause the loss of content, features, or capacity of your Account. Bugsnag does not accept any liability for such loss.

4. Payment, Renewals and How to Cancel

  • If you purchase a Paid Plan then you must provide valid credit card details, unless alternative payment methods have been agreed in writing.
  • By selecting a Paid Plan you agree to pay Bugsnag the subscription fee described on your order form to use the Bugsnag Service (“Subscription Fee”) for the Service subscription period you have purchased, either a monthly or annual subscription period. In addition, you agree to pay any applicable Overage Fees if you have selected this payment option.
  • We will charge the Subscription Fee applicable to your Paid Plan pricing tier and any applicable Overage Fee, (the “Fees”) automatically to your credit card saved in your profile at the start of each monthly or annual recurring Subscription Period. Fees are non-cancelable and non-refundable.
  • AUTO RENEWAL. If you have chosen a Paid Plan with a monthly subscription period then we automatically renew your Paid Plan each month. If you have chosen a Paid Plan with an annual subscription period then we automatically renew your Paid Plan in the first month of your next annual plan year.
  • HOW TO CANCEL AUTO RENEWAL. You can cancel your automatic renewal at any time before the renewal date by visiting your “Plans & Billing” tab under https://app.bugsnag.com/settings.
  • HOW TO CANCEL YOUR PAID PLAN. You can cancel your Paid Plan at any time by visiting your “Plans & Billing” tab under https://app.bugsnag.com/settings, cancellation goes into effect immediately. You will remain responsible for payment of Fees incurred prior to the effective date of cancellation.
  • All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on Bugsnag’s income.
  • We reserve the right to change the Fees with thirty (30) days advanced notice by posting the new pricing at https://bugsnag.com/pricing. If we change the Fees then the change will take effect in your next Subscription Period (and only after the 30-day notice period has expired) but will not apply retroactively to Fees you previously, timely paid.

5. Intellectual Property

  • This Agreement does not transfer from Bugsnag to you any Bugsnag or third party intellectual property, and all right, title and interest in and to such property will remain solely with Bugsnag.
  • Bugsnag, the Bugsnag logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Bugsnag or Bugsnag’s licensors.
  • Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Bugsnag or third-party trademarks.
  • We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
  • By using Bugsnag, you agree to allow us to use your name and/or logo in marketing materials about Bugsnag. You can opt-out of this at any time by emailing us at support@bugsnag.com.

6. Changes

  • Bugsnag reserves the right, at its sole discretion, to modify or replace any part of this Agreement or the Service.
  • It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
  • Bugsnag may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  • Bugsnag reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  • Prices of all Services, including but not limited to monthly subscription fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or by contacting you by email.

7. Termination

  • Bugsnag may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Bugsnag will make a reasonable attempt via email to warn the Account owner prior to termination.
  • Termination of Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
  • If you wish to terminate this Agreement or your Bugsnag Account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  • You can delete your Account at any time by clicking “Delete Account” on your “Account Settings” page in your dashboard. You will still be responsible for the payment of any Usage fees or charges incurred prior to the cancellation of service, as well as any Subscription fees owed.
  • Bugsnag shall not be liable to you, or to any third party, for any modification, price change, suspension or discontinuance of the Service.

8. Disclaimer of Warranties

  • The Service is provided “as is”. Bugsnag and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
  • Neither Bugsnag nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.
  • You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.

9. Limitation of Liability

In no event will Bugsnag, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Bugsnag under this Agreement during the twelve (12) month period prior to the cause of action. Bugsnag shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

10. General Representation and Warranty

You represent and warrant that (i) your use of the Service will be in strict accordance with the Bugsnag Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights of any third party.

11. Indemnification

You agree to indemnify and hold harmless Bugsnag, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.