Terms & Conditions
When using the AppSignal service (hereinafter "Service") provided by the company AppSignal B.V. (hereinafter "AppSignal") registered with the Dutch Chamber of Commerce in Amsterdam under number 62960407, you agree to the following terms and conditions (hereinafter "Terms and Conditions"). If you are entering into this agreement on behalf of a company or another legal entity, you affirm that you have the authority to bind such entity, its affiliates and all users who access the Service through your account to these Terms and Conditions. In this case "you" or "your" shall refer to such entity, its affiliates and all users associated with it.
AppSignal reserves the right to alter the following Terms and Conditions at all times with or without notice. The latest version of the Terms and Conditions can be found at: https://appsignal.com/terms.
- These Terms and Conditions apply to the agreement and all use that you make of the Service.
- The applicability of any terms of you is explicitly rejected.
- AppSignal may amend these Terms and Conditions at any time. You will be notified of any amendments by email. The new version of the Terms and Conditions will be available for viewing and downloading on the website of AppSignal. If you continue to use the Service after these Terms and Conditions have been amended or supplemented, you thereby irrevocably accept the amended or supplemented Terms and Conditions. If you do not agree with the amended or supplemented Terms and Conditions, your exclusive remedy is to no longer use the Service and to directly terminate the agreement.
- These Terms and Conditions have been prepared in English and may have been translated into other languages. In case of a dispute, the English version shall have precedence.
- When you fail to comply with these Terms and Conditions, AppSignal is entitled to immediately terminate your account, without prejudice to all other statutory and/or contractual rights of AppSignal.
2. Account conditions
- In order to be able to use the Service, you need to fill out the registration form and create an account. You can log in to the Service by means of your username and password.
- Any user of the Service must be a human; users registered by "robots" or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login details are strictly personal and may not be shared with other people.
- You are always solely responsible for maintaining the confidentiality of your login information. An account is strictly personal. It is not allowed to share your login details with third parties.
- You are responsible for all activities and content that is placed in and under your account (also for users that are created under your account).
3. Use of the Service
- AppSignal hereby grants you a non-exclusive, non-transferable, limited right to access and use the Service, solely for the purposes for which the Service is intended, in accordance with the Website and the terms and conditions of the agreement, including these Terms and Conditions.
- You agree that the Service only provides the functionality and other features as found in the Service at the time of use ("as is"). AppSignal is entitled to change and/or update the Service and replace the design and layout and/or any of the functionalities of the Service without any prior notification and without being obliged to pay any compensation whatsoever to you.
- You are responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use (parts of) the Service.
- It is not allowed to use the Service in relation to unlawful actions or in relation to actions which are otherwise prohibited under applicable law and regulations. This includes, without limitation, any activities that constitute an infringement of intellectual property rights or (other) rights of third parties.
- You shall explicitly, without limitation, not:
- modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service;
- transmit any worms or viruses or any code of a destructive nature;
- permit any third party access – remotely or otherwise – to the Service except insofar as permitted in the agreement;
- create derivative works based on the Service;
- copy, frame or mirror any part or content of the Service;
- reverse engineer the Service, and/or
- access the Service in order to:
- build a competitive product or service, and/or
- copy any features, functions or materials of the Service.
- You are responsible for not submitting sensitive data to the Service, including but not limited to credit card information, medical files or anything deemed confidential. The Service offers ways to sanitize the data submitted to the Service.
- You acknowledge and agree that AppSignal does not pre-screen content processed by means of the Service and that AppSignal has no influence over the content processed by means of the Service. AppSignal is not liable and/or responsible for the content processed by means of the Service.
4. Payment terms
- Payment is made in advance per calendar month or year by bank transfer or credit card and is non-refundable, unless agreed otherwise.
- All prices are exclusive of the current high rate of VAT, if applicable.
- If an amount that is owed is not paid within the payment term, you are in default by operation of law and the statutory interest is owed on the outstanding amount, without further notice of default being necessary. In the event payment is not made on time, you shall also be obliged, without further notice of default being necessary, to fully compensate both the judicial and the extrajudicial collection costs of AppSignal, including the costs of lawyers/attorneys, bailiffs and collection agencies. With regard to the extrajudicial collection costs AppSignal is entitled to charge you 15% of the outstanding amount, without prejudice to AppSignal’s right to charge the actual costs to you if these actual costs exceed 15% of the outstanding amount.
- If payment is behind, AppSignal is (also) entitled to suspend and/or lock your account temporarily. In that case you will receive instructions by email on how to meet payment and when your account will be re-activated. If payment remains behind, Appsignal is entitled to delete your account (permanently), including all data, settings and the like. AppSignal is not liable for temporarily locking and/or suspending your account nor for permanently deleting your account due to late payment.
- In addition to the other remedies available to AppSignal, AppSignal is at all times, at its sole discretion, without prior written notice or explanation and without becoming liable to you, entitled to:
- temporarily or permanently terminate your use of the Service in the event that AppSignal, at its sole discretion, deems such termination necessary;
- temporarily or permanently restrict or suspend your activities in connection with the Service;
- partly or wholly edit, delete or refuse any content.
- You are solely responsible for properly canceling your account, which you can do in the "Organization Administration" section of the Service only. Any other form of cancellation is not accepted and therefore not processed.
- If you cancel your account before the end of your current paid month or year, your cancellation will take effect at the end of that period and you will not be charged again.
- Either Party may terminate the agreement immediately upon written notice to the other party if:
- the other party ceases to carry on its business;
- the other party breaches any material provision of the agreement (the obligation to pay for the Service is a material provision of the agreement) and such breach continues uncured for 30 days – or 7 days for breach of any payment obligation – after written notice of this breach;
- the other party becomes insolvent, admits in writing to its inability to pay debts as they mature, is adjudicated bankrupt, or makes assignment for the benefits of its creditors; or
- any proceeding under bankruptcy, or insolvency laws is commenced by or against the other party and is not dismissed within 30 days.
- Amounts invoiced by AppSignal prior to termination in connection with what is already properly performed or delivered in performance of the agreement shall remain payable in full and shall become immediately due and payable at the time of termination.
- Upon any termination or expiration of the agreement in any way whatsoever, all rights granted to you hereunder shall cease and all outstanding obligations to pay any amounts to AppSignal shall immediately become due and payable.
- Upon any termination or expiration of the agreement in any way whatsoever, it is your responsibility to copy any content you want to retain to a computer or any other storage device, before termination. AppSignal is entitled to immediately delete all of your content from the Service upon termination. This information can not be recovered once your account is terminated.
- You are at all times responsible for any legal obligation to keep your invoices, even after terminating your account.
- All provisions which are meant to survive the termination of the agreement, including but not limited to all of your representations, warranties and indemnification obligations, shall survive such termination.
6. Request limits and plan upgrades
- Each plan of the Service comes with a request limit meaning that you are entitled to and pay for a certain number of requests to be processed in the Service. If you exceed this limit by more than 10% for two months (based on the past three months), you are required to upgrade to either the next or a custom plan, or to adjust your usage pattern.
- In the event of exceeding the request limit by more than 10% for two months (based on the past three months) as mentioned in the preceding paragraph, AppSignal will notify you and it will offer you with the upgrade options. If you do not respond to the notification of AppSignal within 7 days of the notification, AppSignal is entitled to automatically upgrade you to the next plan, or a fitting custom plan. AppSignal will notify you thereof by email.
7. Modifications to the Service and prices
- AppSignal 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.
- AppSignal reserves the right to change prices for the use of the Service. These price changes will be announced at least 1 calendar month in advance on https://appsignal.com.
8. Intellectual property rights
- All intellectual property rights and related rights, including but not limited to copyrights, database rights, design rights, domain name rights, trade name rights, trade mark rights, patent rights, portrait rights,moral rights, whether registered or not, as well as any application to register any of the aforementioned rights, and (rights in) trade secrets and know-how in and to the Service rest with AppSignal and/or its supplier(s).
- AppSignal and/or its suppliers reserve all rights not expressly granted to you in these Terms and Conditions. You acknowledge and agree that AppSignal and its suppliers retain all rights, title and interest, including all intellectual property rights, in and to the Service as well as any modifications, adaptations or translations thereof. You acknowledge and agree that you do not acquire any rights therein, express or implied, except for the rights expressly granted under these Terms and Conditions.
- You are not permitted to sell, rent out, transfer or grant restrictive rights to the Service or to make it available to third parties in any way or for any purpose.
- You are not permitted to download, copy, amend, or provide otherwise (parts of) the Service, other materials made available to you by means of the Service, for direct or indirect commercial purposes or for any other purposes than internal business purposes or other than the purposes mentioned in the agreement, unless AppSignal has provided its prior written consent thereto, or if a mandatory or peremptory rule of (applicable) law states otherwise.
- During the Agreement, Customer authorizes AppSignal to list Customer as a customer of AppSignal and use Customer’s names and logos in the context of promotional activities, including listing on its websites, on publicly available customer lists and in media releases.
9. Licenses and ownership of content
- All software that is supplied to you in connection with the Service is provided subject to the terms of a separate end-user license agreement that accompanies that software. You agree to abide by the terms of the end-user license agreement in your use of this software.
- AppSignal will never claim ownership over your content and/or materials posted to your account. In other words, your data is and remains your property.
10. Indemnities and warranties
- AppSignal strives to achieve the highest possible uptime, but AppSignal does not guarantee that the Service or any part thereof will be accessible at all times and without any interruptions or failures. Failures in the Service can occur as a result of failures in the internet connection or as a result of viruses and/or faults/defects. AppSignal is not liable for any damage, loss or costs resulting or arising from the Service being (temporarily) unavailable, including but not limited to the loss of data or inability to access or use the Service.
- AppSignal strives to achieve, but does not warrant, that: 1) the Service will meet your requirements, 2) the Service will be uninterrupted, timely, secure, and error-free at all times.
- AppSignal is entitled to put the Service (temporarily) out of service and/or to reduce the use of it without any prior notification and without being obliged to pay any compensation whatsoever to you, if in the opinion of AppSignal this is necessary, for instance in connection with the reasonably required maintenance of the Service or due to force majeure.
- You are responsible and liable for all use you make of the Service. You shall defend, indemnify and hold AppSignal harmless against all claims and damages (including reasonable attorneys’ fees) which third parties may claim in connection with or resulting from the use that you make of the Service, a violation by you of the agreement, and/or any unlawful activities, including but not limited to the breach of intellectual property rights, and/or privacy rights of AppSignal and/or third parties.
- Your use of the Service is at your sole risk. AppSignal’s liability for an attributable failure to perform the agreement or any unlawful act or caused otherwise will be excluded, to the extent allowed by a mandatory or peremptory rule of law.
- Your only remedy in the event of an attributable failure or an unlawful act of AppSignal, is to discontinue the use of the Service and/or to to terminate the agreement.
- In the event that AppSignal is liable for damages under a mandatory or peremptory rule of law, the damage will be limited to the direct damages to an amount of EUR 100.00 per event (a series of connected events being considered as one event). In no event will AppSignal’s total, aggregate liability, exceed EUR 1,000.00.
- Direct damage shall be understood to mean exclusively:
- material damage to property;
- reasonable costs incurred to prevent or limit direct damage, which could be expected as a result of the event on which the liability is based; and
- reasonable costs incurred to determine the cause of the damage.
- AppSignal’s liability for indirect damages arising out of, or in connection with the agreement or these Terms and Conditions, such as, but not limited to, consequential damages, loss of profit, loss of business, loss of savings, loss of information, or any other financial loss or loss of goodwill or reputation, damage due to business stagnation or other incidental, indirect, punitive or exemplary damages of any kind, independent of whether you provide notice to AppSignal of such potential injury, damages or loss, is in any event excluded.
- The exclusions and limitations mentioned in the preceding paragraphs also apply to acts of third parties involved by AppSignal and failures of third party software.
- The exclusions and limitations mentioned in the preceding paragraphs of this shall not apply if and insofar as the damage or injury is the result of intent or gross negligence by AppSignal or its managers.
- Unless performance of the agreement by AppSignal is permanently impossible, AppSignal’s liability for attributable failures in the performance of the agreement will be incurred only if you immediately send AppSignal a notice of default, setting a reasonable term for the recovery of the failure, and AppSignal also after that term is attributable failing to fulfill its obligations. The notice of default must contain a complete and detailed description of the failures so that AppSignal is given the opportunity to respond adequately.
- In any event, your right to claim under the agreement, these Terms and Conditions, for an unlawful act or otherwise shall lapse 1 (one) year after the occurrence giving rise to the claim or action.
12. Force majeure
- AppSignal shall not be bound to fulfill any contractual and/or statutory obligation if it is prevented from doing so as a result of force majeure.
- Force majeure on the part of AppSignal shall include, in addition to what is understood by it according to law and case law, illness of employees and/or absence of employees who are crucial to the supply of the Service, interruptions in the supply of electricity, strikes, riots, fire, natural disasters, floods, failures of suppliers to AppSignal, failures of third parties engaged by AppSignal, internet failures, hardware failures, failures in (telecommunications) networks, epidemics, pandemics, government measures and all other external causes beyond AppSignal's control.
- In case of force majeure AppSignal is entitled to suspend its obligations under the agreement or to terminate the agreement in its entirety and with immediate effect, without any obligation to compensate you for any damages that may be suffered as a result.
13. Applicable law and disputes
- This agreement, the use of the Service and all legal acts between parties are exclusively governed by Dutch law.
- Unless rules of mandatory or peremptory law state otherwise, the court of 's-Hertogenbosch, the Netherlands has exclusive jurisdiction in any disputes between Parties arising from this Agreement.
14. Other conditions
- If any part of this agreement is void, or unenforceable, for any reason, including due to rules of mandatory or peremptory law, the remaining paragraphs of this agreement will remain in effect between AppSignal and you. In such a case, AppSignal will replace the void or unenforceable provisions with new ones. In doing so, the purpose and meaning of the void or unenforceable provisions will be taken into account as far as possible.
- All notices or reports permitted or required under the agreement shall be in writing.
- The version of any communication and/or reports received or stored by AppSignal serves as authentic and binding proof, subject to evidence to the contrary provided by you.
- AppSignal has the right to commission third parties to perform any of the rights and/or obligations under the agreement, either in whole or in part. You acknowledge that AppSignal uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You may only transfer your rights and obligations under the agreement to a third party with AppSignal’s prior written permission.
Questions about the Terms and Conditions may be directed to the email address firstname.lastname@example.org.Version 3 - May 1, 2023