Details on the terms to abide by when using bugsnag.com
Effective date: March 26, 2015
Last updated: January 12, 2018
What changed? We reiterated that you may not use any data, content or information available on the Site in violation of any of our usage rules We revised the wording to distinguish between our Site Visitors and Customers and to make the Site Terms clearer without any change in meaning.
Bugsnag provides hosted and on-premises services and software that work together to analyze error and crash data from end users of Customers’ software applications and programs. In these Site Terms, we refer to our hosted services and software as the “Services” and we refer to this error and crash data as “Event Data.” The Services store, process and analyze Event Data and then report this Event Data back to the Customer so the Customer can monitor the health of its own applications and programs.
These Site Terms are written for visitors to our Site (“Visitors”) and our customers who also visit our Site and have entered into an agreement with Bugsnag to use the hosted Bugsnag Services (“Customers”). We market our Services on the Site to Visitors. We transaction business on the Site with Customers age 18 and older. We sell our Services under several different types of plans: Trial, Team, Pro and Enterprise (each, a “Plan”). Some Plans are sold monthly and some Plans are sold annually. If you’d like to learn more about choices of Plans please visit www.bugsnag.com/plans.
Visitors and Customers (collectively, “you”) may access the Site from anywhere in the world. Use of the Site is void where prohibited by law. If your use of the Site is prohibited by applicable law then you aren’t authorized to use the Site. We can’t and won’t be responsible for your using the Site in a way that breaks the law.
It’s free to use the Site. You must pay a fee to use the Services, although we do offer a free, short term “Trial Plan” to help you learn about our product.
You are not authorized to use the Site as a Visitor if you are under 13 years old. Individuals under 18 years old must at all times visit the Site only in conjunction with and under the supervision of a parent or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user and will be responsible for any and all use of the Site by the individual under 18. You are not authorized to transact business on the Site as a Customer unless you are at least 18 years old.
Please visit www.bugsnag.com/plans to purchase a Plan as a Customer.
You may only use the Site or any data, content and information available via the Site for your own internal, personal, non-commercial use and not on behalf of or for the benefit of any third party and only in a manner that complies with all laws that apply to you.
In addition, Customers may use the Site to access the Services for personal and for commercial use, which also may be for the benefit of a third party such as the Customer’s organization. If you’re agreeing to these Site Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Site Terms on that organization or entity’s behalf and bind them to these Site Terms (in which case, the references to “you” and “your” in these Site Terms, except for in this sentence, refer to that organization or entity). You will not share your Plan login credentials with anyone and you must protect the security of your Plan login credentials. You’re responsible for any activity associated with your Plan.
You may not select an account name that you don’t have the right to use or another person’s name with the intent to impersonate that person. You may not select a name that is hateful, profane or offensive in any other way, as determined by Bugsnag. If you create an inappropriate account settings name then we may change it to a name we deem appropriate.
To be eligible to use the Site you must comply with these Site Terms and all local laws regarding online conduct.
You understand that Bugsnag owns the Site. You won’t modify, publish, transmit, reproduce, create derivative works based on or otherwise exploit any of the Site. You won’t “crawl,” “scrape,” or “spider” any page, data, or portion of the Site through use of manual or automated means. The look and feel of the Site and the Services, including any custom fonts, graphics and button icons are the property of Bugsnag and you may not copy, imitate or use them, in whole or in part, without Bugsnag’s prior written consent. The Site may allow you to copy or download certain content. Please remember that while you may be able to do this from a technical perspective, you are not always permitted to do so.
Bugsnag may, in its sole discretion, for any reason, at any time, revoke, suspend or restrict your access to the Site. Bugsnag reserves the right to take any and all actions necessary to protect and enforce these Site Terms, including technical measures such as blocking IP addresses. If Bugsnag bans you from the Site then you may not return to the Site for any reason or in any manner, including with a new username or identity. In the event that you return, or attempt to return, to the Site after you’ve been banned you will be deemed to have breached these Site Terms. Bugsnag reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
Prices on the Site are quoted in U.S. dollars. Bugsnag accepts credit card payments for all monthly Plans and some annual Plans (each, a “Monthly Plan” or “Annual Plan”).
Please visit www.bugsnag.com/plans to purchase a Monthly or Annual Plan using a credit card. If you use the Site to purchase a Monthly or Annual Plan then you agree to pay in full the price for your Plan by credit card as each payment is due. You agree to pay all applicable taxes, if any. If Bugsnag does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
YOU AGREE TO AUTOMATIC RENEWAL TERMS: For Monthly and Annual Plans for Bugsnag Services purchased through our Site, you agree that Bugsnag may submit periodic monthly or annual credit card charges without further authorization from you until you cancel your Plan. We explain how to cancel your Monthly or Annual Plan below at the paragraph “Cancellation Policy for Plan Renewals.” If you want to change your credit card information please click on the “Plans & Billing” tab under https://app.bugsnag.com/settings/customername (your “Plan Settings Page”). Select “Payment” and make the appropriate changes.
By purchasing a Plan through our Site Customers agree to an initial and recurring Monthly or Annual Plan fee at the then-current Plan rate and Customers accept responsibility for all recurring charges prior to cancellation.
AUTOMATICALLY PROCESSED PLAN RENEWAL: Once you subscribe through our Site, Bugsnag will automatically process your Monthly or Annual Plan fee without further notice to you or authorization from you. Bugsnag will continue to automatically process your Monthly or Annual Plan fee each period at the then-current Monthly or Annual Plan rate without further notice to you or authorization from you, until you cancel your Plan. We explain how to cancel your Monthly or Annual Plan immediately below at the paragraph “Cancellation Policy for Plan Renewals.”
AUTOMATIC PLAN UPGRADES MAY APPLY: If you are a Customer then your Plan describes the maximum monthly number of persons who may use the Services under your Plan and the maximum number of monthly software application errors you may log using the Services. We refer to these monthly maximums as your “Quota.” If you exceed your Plan Quota in any given month then Bugsnag will automatically upgrade you to the next Plan pricing tier on a prorated basis for the remainder of the term of your Plan (the remainder of your monthly term or annual term, depending on the Plan you purchased).
Customers can disable this automatic upgrade feature. To disable the automatic upgrade feature click on the “Plans & Billing” tab under your Plan Settings Page. Select “Auto-Upgrade” then select “disable.”
QUOTA OVERAGES MAY APPLY: This paragraph applies to Customers who have disabled the automatic upgrade feature described immediately above. If you exceed your Quota in any month, then you will pay an overage fee for that month. The monthly overage fees that apply to you depend on the level of use you purchase and are described on your Bugsnag order form. Once you subscribe Bugsnag will automatically process any monthly overage fees without further notice to you or authorization from you, until you cancel your Plan. We explain how to cancel your Monthly or Annual Plan immediately below at the paragraph “Cancellation Policy for Plan Renewals.”
Cancellation Policy for Plan Renewals: To cancel your Plan and delete your Customer account entirely, click on the “Plans & Billing” tab under your Plan Settings Page. Select “Cancel my subscription” then make the appropriate changes. If you cancel your Monthly or Annual Plan you can re-subscribe any time.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND BUGSNAG HAVE AGAINST EACH OTHER ARE RESOLVED.
We operate the Site from San Francisco, California. These Site Terms are governed by and will be construed under the laws of the State of California, USA, without regard to the conflicts of laws provisions thereof.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury. Court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Site Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to: (a) arbitrability, (b) the scope or enforceability of the agreement to arbitrate in this Section 6 (Legal Disputes) or © the interpretation of the paragraph entitled “Prohibition of Class and Representative Actions and Non-Individualized Relief”, shall be for a court of competent jurisdiction to decide.
Any dispute arising from or relating to the subject matter of these Site Terms (or previous versions of these Site Terms) shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of these Site Terms, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, San Francisco County, California or the Northern District of California.
YOU AND BUGSNAG AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BUGSNAG AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND BUGSNAG ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
We are constantly trying to improve our Site, so these Site Terms may need to change along with the Site. We reserve the right to change the Site Terms at any time. If we make material changes to these Site Terms then we will notify you by email. You are responsible for updating your email address. Bugsnag may determine, in its sole discretion, in good faith, what constitutes a “material change” using common sense and reasonable judgment. Material changes to these Site Terms will be effective thirty (30) days following our email to you. For new Visitors, these changes will be effective immediately. Your continued use of our Site following notice indicates your agreement to the changes.
If you don’t agree with the new Site Terms, you are free to reject them. Unfortunately, that means you will no longer be able to use the Site. Except for changes by us as described here, no other amendment or modification of these Site Terms will be effective unless in writing and signed by both you and us.
If you have any concerns regarding our Site Terms then please send a message outlining this to firstname.lastname@example.org and we will try to resolve your concerns.