Terms of Service

Last update: 2024-02-17

Pydantic Services Inc.(“PSI”、“we"And" we "orâ € œOur â €�You agree to be bound by the terms and conditions of these Terms of Service and the Privacy Policy."You,""Your "or"Customer") provides cloud-based observability services (“Logfire CloudPlease read these Logfire Terms of Service (together with your associated Order Form (as defined below)) carefully.collectively refer to as "Logfire Clause”) because they govern your use of our services.

1. Your agreement with PSI

1.1 general provision

You can follow these. Logfire clause_Terms and Conditions of Use _Logfire Cloud。

1.2 means of transportation

access or use_Logfire Cloud_or create an account ("Account") to use_Logfire Services_That means you agree to these.Logfire clause. If you represent an organization or entity, you represent and warrant that you have the authority to agree to these on behalf of your organization Logfire Clause_and you agree to legally bind the organization to comply with these _Logfire clause. If you disagree with these_Logfire Clause_Please do not use it.Logfire Cloud。

1.3 Additional functions or services

Logfire Cloud You agree to be bound by the terms and conditions applicable to your use of the Site and/or the Services._Logfire Cloud_and any other features or services that you use. You understand and agree that we may change, suspend or terminate your use of the Services at any time_Logfire Cloud_We will notify you by email or via our website of any changes to our Site._Logfire Cloud_Material changes that have an adverse effect or_Logfire Cloud_The production of.

1.4 effective date

these_Logfire Clause_The effective date of is the effective date of your initial order, and you agree to these by clicking "I agree"_Logfire Clause_date of your first visit or use_Logfire Cloud_The date of the earliest occurrence.

1.5 definition

these _Logfire Clause_Certain terms not defined elsewhere in are defined in Section 16 (Definitions) below.

2. Your Account and Content

2.1 register

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 is accurate. You are responsible for all activities in your account, whether conducted by you, your employees or third parties (including contractors or agents), and we and our affiliates are not responsible for unauthorized access to your account.

2.2 Rights to Your Content

You represent and warrant to us that (a) you own the content granted to you Logfire clause(b) Nothing violates these rights Logfire Clause_You will ensure that the Content and its use comply with these intellectual property or other rights of any third party. _Logfire Clause, including Section 5 (Acceptable Use Policy) and any applicable laws. You are responsible for proper configuration and use_Logfire Cloud_and take its own measures to maintain appropriate security, protection, backup and continuity of content.

2.3 License to Your Content

Except according to these._Logfire clause_Granted limited rights outside the client and_PSI_You retain all right, title and interest in your Content, including all intellectual property rights. You agree that we use your Content to provide Services to you and your authorized users.

2.4 User and performance data

PSI_may store, process and use information about customer use_Logfire Services_The data includes, but is not limited to, data used to create usage, statistics and analysis._PSI may use such data for its own business purposes, including maintenance and improvement Logfire Cloud and other services and products, monitor and analyze activities related to the performance of such services, and create anonymous statistics for their marketing and other business purposes.

2.5 data privacy

Please see our Privacy Policy, which policy Also applies to your use of the Services to learn about how we collect, use and share your personal data. Published from Effective Date Data Processing Addendum ("DPA") is hereby incorporated by reference. We will only use your account information in accordance with the Privacy Policy and you consent to such use. The Privacy Policy does not apply to your content.

3. Logfire Cloud Services

3.1_Logfire Cloud_License

Subject to payment of all applicable fees to us, we grant you a limited, worldwide, non-exclusive, non-transferable right and license (without sublicensing rights) to use the Services in accordance with these Terms. Logfire clause_Terms of Use _Logfire Services。

3.2_Logfire Cloud_Change

PSI_will follow these_Logfire Clause_to the customer in accordance with_Logfire Cloud。Logfire Cloud is not fixed, but may vary based on which Logfire Cloud the customer chooses to subscribe to from time to time, these Logfire Cloud from PSI provided Logfire Cloud in the Navigator._PSI_shall have the right at any time to_Logfire Cloud_Make the changes.

3.3 order form

Customers may from time to time PSI Place orders, including use Logfire Cloud or place orders automatically through the website. The customer is responsible for any order placed under the customer's account, whether it is an order placed automatically by the customer itself, its authorized users, the customer's data system, or an order placed by unauthorized access to or use of your account. The customer shall be responsible for paying all fees for placing orders based on the customer's account.

3.4 service class

_PSI_will be based on_PSI_Service Level Agreements ("SLAs") use commercially reasonable efforts to provide you_Logfire Cloud_The agreement is currently here you can obtained and may be modified from time to time. However, unless otherwise specified in the SLA,_Logfire Cloud_They are not bound by any particular service level or availability of services and are provided to customers strictly on an "as is" and "as available" basis.

PSI_make no representation or warranty_Logfire Cloud_availability of the Services at any particular time. You acknowledge and agree that the service levels specified in the SLA are performance objectives only._PSI Failure to meet any service level will not result in a violation of these Logfire Clause. The SLA specifies_PSI_and all the benefits you can get_Logfire Service_Availability. Any compensation under the SLA relating to the availability of such Services shall be Customer's sole and exclusive remedy and shall be PSI for any non-compliance with the availability of such Services, and such non-compliance shall not constitute a waiver of these _Logfire Clause_The violation of.

3.5 sub-contractor

_PSI_Subcontractors may be used to perform their duties in these_Logfire Clause_Obligations and rights under.

3.6 Beta Products

_PSI_may offer certain features, technologies, products, software and services to customers that have not been officially released and may be labeled "Preview,""Pre-Release,""Early Access,""Experimental,""Beta,""Pre-Production,""Alpha" or "Beta (both referred to as"Beta Products") to evaluate performance, identify defects, and obtain feedback. We are under no obligation to release the final version of any Beta Product, nor to provide upgrades or migrations between Beta Product versions or between Beta Products and General Release versions. Notwithstanding anything to the contrary in this Agreement, after Customer suspends or terminates access to or use of any Beta Product for any reason, Customer may have no further right to access or use the applicable Beta Product and any Content stored in or processed by the Beta Product may be deleted or inaccessible.

3.7 support services

PSI_may provide support services for_Logfire Cloud. If customers do not purchase different levels of support services,_PSI_may provide "basic" or "free" levels of support services. If you purchase support services, we will provide these support services in accordance with the applicable support agreement, 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.

4. your obligations

4.1 Customer Obligations

Customer will comply with these terms for itself and its authorized users _Logfire Clause_take full responsibility, including any breach of these obligations by the Customer or its authorized users _Logfire Clause_Customer and its authorized users must use the Service in accordance with Section 5 (Acceptable Use Policy)._Logfire Cloud_and will be solely responsible for ensuring compliance with this policy.

4.2 authorized user

Customer may authorize its authorized users to use under Customer's account_Logfire Cloud_, including content used to access the customer. The customer must ensure that it is authorized for use under the customer account_Logfire Cloud_to comply with these_Logfire Clause_, including in accordance with Section 5 (Acceptable Use Policy). Customer will be responsible for any_Logfire Cloud_and its authorized users, including any breach of these_Logfire Clause_The behavior of.

4.3 client system

Customers will be responsible for their own devices, systems, applications, connections and for accessing_Logfire Cloud_Customer will be responsible for protecting its data communications and data systems, and for using_Logfire Cloud_Related communication costs and other comparable costs.

4.4 your account

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 in a responsible manner (e.g. username, password, multi-factor authentication information, etc.). Customers and their authorized users must not disclose their access credentials to any unauthorized person. Customers must contact us immediately if they believe that any unauthorized activity has occurred in their account, or that any of their account information has been lost, leaked or disclosed to third parties. Customers and their authorized users must change their access credentials as required by_PSI_.

5. Acceptable Use Policy

5.1 impose restrictions on

You may not (a) modify, alter, tamper with, repair Logfire Cloud (b) any software contained in or created derivative works of;Logfire Cloud_Reverse engineering, disassembly or decompilation, or applying any other process or procedure to obtain_Logfire Cloud(c) the source code of any software contained in; Logfire Service_for use in any branch or derivative work of Logfire Software, unless _PSI otherwise expressly authorized in writing; or (d) Logfire Cloud resell, sublicense, lease or lease to any third party unless PSI There is an express written authorization.

5.2 Unauthorized access and activities

You may not:

1. disable, interfere with or circumvent any aspect of_Logfire Cloud_;

2. attempts to disable or circumvent any security mechanisms used by_Logfire Cloud_;

3. Perform any security penetration testing, load testing or security assessment activities unless PSI The Chief Executive Officer (Samuel Colvin) is otherwise authorised in writing;

4. Access or use in a manner designed to avoid incurring costs or exceeding usage limits or quotas_Logfire Cloud_;

5. use_Logfire Cloud_or_Logfire Cloud_any interface provided by the Service that is accessed in violation of its applicable Terms of Service_PSI_or any other products or services of its subcontractors;

6. Use_Logfire Cloud_in a manner that poses a risk to_Logfire Cloud_or any third party; or

7. with any other person's use of_Logfire Cloud_or provide_Logfire Cloud_The equipment.

5.3 Forbidden_Logfire Cloud_

You may not use_Logfire Cloud_(a) to infringe or encourage infringement of the legal rights of others (b) engage in, promote or encourage any unlawful activity;(c) use for any unlawful, invasive, infringing, defamatory, offensive, harmful or fraudulent purpose;(d) knowingly distribute viruses, worms, Trojan horses, corrupted files, hoaxes or other items of a destructive or deceptive nature;(e) Violate the security or integrity of any network, computer, communications system, software application or service (Such violations include, but are not limited to, unauthorized access, interception of data or traffic, or falsification of origin);(f) establishing a connection with any user, host, or network unless the customer has the right to communicate with them (such network abuse includes, but is not limited to, surveillance or crawling, denial of service attacks, intentional interference, operation of open proxies, open mail relays, or open recursive domain name servers, or circumvention of system restrictions);(g) generating, distributing, publishing, or facilitating unsolicited or unlawful email or other messages, or any form of promotion or other solicitation; or (h) is used in hazardous or mission critical situations, or for purposes requiring fail-safe performance, or where failure could result in death, personal injury, or environmental damage, and you further acknowledge that_Logfire Cloud_was not designed or intended for such use and that_PSI_shall not be liable for any harmful effects resulting from such use.

5.4 unauthorized content

You may not submit, store or process the following in_Logfire Cloud_

1. illegal, harmful, fraudulent, infringing, offensive, or invasive of privacy;

2. Violate these_Logfire Terms_, any applicable law or the intellectual property or other rights of any third party;

3. constitutes protected health information; or

4. Requires cardholder or sensitive authentication data unless such data is message-level encrypted by you.

5.5 abidance by law

You may only use it in accordance with applicable laws and government regulations.Logfire Cloud。

5.6 review of the use

PSI and its subcontractors can review customer complaints Logfire Cloud use of, including content and customer data, to ensure compliance with acceptable use policies and to stop customer Logfire Cloud The Group is committed to protecting the privacy of its customers.PSI The Company and its subcontractors may report alleged infringing activities to officials, regulatory authorities or other appropriate third parties, including disclosing appropriate information about customers.

5.7 Stop non-compliant use

If the customer finds out that they are interested Logfire Cloud Use does not conform to these Logfire Clause_The customer must immediately cease his or her _Logfire Cloud non-compliant use. Customers must comply immediately PSI Any proposed cessation of use with _Logfire Services_Any requirements related to non-compliance.

6. Orders, Fees and Payments

6.1 General Orders

All orders are subject to these_Logfire Clause_constraints, in_PSI_Not binding until accepted. When_PSI_When providing access to the customer's chosen service environment, the customer passes_Logfire Cloud_Orders created are considered accepted._PSI_Control and limit customer's_Logfire Cloud_orders. Unless these _Logfire Clause_Otherwise, all orders will not be refunded.

6.2 costs and disbursements in

Customers must submit PSI Pay for use Logfire Cloud All costs incurred and any additional costs specified in the order.Logfire Cloud_Free trial, payment is required at the end of the free trial period. Unless otherwise agreed by both parties in writing, the customer is responsible for_Logfire Cloud_The use of is subject to a schedule of fees specified on the website. Fees will be calculated monthly and billed in arrears. If you choose to charge monthly by credit card, you authorize us to charge monthly fees based on our current schedule specified on the website. _Logfire Cloud Any additional fees specified in the fee schedule and order are charged to your credit card periodically monthly and you must pay us the applicable fees and charges using your credit card. If paid by credit card, then according to these Logfire Clause_payable to _PSI All payments for shall be due and must be paid within one (1) day of the end of the Customer billing cycle. If we send separate payment invoices instead of credit card processing, we shall be liable for any damages arising under these Logfire Clause_payable to _PSI All payments made by the Customer shall be due and payable within fourteen (14) days of the date of the Customer invoice. All payments made are non-refundable.

6.3 expenses of taxation

All rates and fees are exclusive of Value Added Tax (VAT) or any other applicable sales tax, which may be added to your monthly bill or invoice charges in accordance with applicable tax laws and regulations at the time, and you must inform us of your correct location to assist in determining the appropriate tax. Customer is otherwise responsible for and will pay all applicable duties, customs duties, sales, use, VAT, withholding or other taxes, federal, state or other taxes, however specified, which are due Logfire Clause_for transactions contemplated, excluding only those based on _PSI Taxes on Net Income. If Customer is forced to deduct or offset any such taxes, Customer must pay PSI Payment of additional amounts necessary to ensure PSI receive PSI The full amount that should have been received, but not for deduction.

6.4 credit card processing

For orders requiring payment by credit card,PSI_uses third-party credit card processing services to process payments. Customer agrees to use such services and agrees to transfer customer credit card details The customer agrees to be bound by any separate terms applicable to the processing service. At the end of each billing period, the customer's credit card will be automatically charged for the customer's use of_Logfire Cloud. Currently, this third party credit card processing service is Stripe, Inc.; Customer is familiar with and agrees to be bound by any third-party terms applicable to Stripe Services.

6.5 overdue payment

Late payments are subject to interest at the rate of 1.5 per cent per month (or the highest rate permitted by law, if lower) from the due date of payment until full payment.

6.6 Changes to Schedule of Costs

We may change this by updating our website._Logfire Cloud_fee schedule, including added fees or charges. If we change_Logfire Cloud_the fees payable by you will be increased or decreased in accordance with any such modifications on the date specified on the website. Continued use after the specified date_Logfire Cloud_You accept the new rates and are responsible for any costs incurred under the new rates.

7. Suspension and Termination of Services

7.1

_PSI_can be suspended immediately._Logfire Cloud_A reasonable period of time for_Logfire Cloud_Perform installation, modification or maintenance work, either on your own or by a network or hosting provider or_PSI_for implementing_Logfire Cloud_others.

7.2

PSI_Can suspend, restrict or terminate customer support_Logfire Cloud_Access to or use of the Content and any other Customer Data and Services, including any backup thereof, may be suspended, restricted, terminated or deleted immediately:_Logfire Cloud_there is a data security risk;(b) we reasonably determine that you use_Logfire Cloud_on_Logfire Cloud_or_Logfire Cloud(c) we change the offer or terminate any Logfire Cloud (d) if we are required to do so by law or administrative order;(e) if we discover or reasonably suspect that any activity by a customer or its authorized users violates a policy set forth in Section 5 (Acceptable Use Policy); or (f) if we know or have reason to suspect that Logfire Cloud was used to violate these laws. Logfire Clause(b) The purpose of the application of law or administrative order or prohibition.

7.3

If_PSI_Can suspend, restrict or terminate customer support_Logfire Cloud_or support access to or use of the Services, or may immediately suspend, restrict, terminate or delete the Content and any Customer Data and Services, including any backup thereof: (a) if Customer does not pay in full by the due date pursuant to these_Logfire Clause_Expenses payable;(b) PSI there is reason to believe that Customer will not pay the fees due under these Cloud Terms in full by the due date;(c) Customer does not have a valid payment method associated with its account and is not within the free trial period; or (d) Customer is within the free trial period or has failed to comply with these _Logfire Clause_Any fees due are incurred. Such suspension or restriction of access may continue until the customer has paid all fees in full and/or has associated a valid payment method with his account._PSI_We may notify you and notify you before any such action is taken.

7.4

_PSI_suspend, restrict or terminate Customer's access to or use of any Beta Product, or suspend, restrict, terminate or delete Content related to any Beta Product and any Customer Data and Services, including any backup thereof, at any time for any reason.

7.5

customers understand_Logfire Cloud_by_PSI_for implementing_Logfire Cloud_. Such hosting service provider may terminate or modify its hosting at any time. For any interruption or modification of such services provided by the hosting service provider or other subcontractor,_PSI_For the murder of a child.

7.6

if PSI Suspension, restriction or termination of customer's _Logfire Services_For access to or use of any part or all of the Service, Customer remains liable for all costs incurred during the suspension period and is not entitled to any credit or refund.

8. processing of personal data

8.1

PSI Data Processing Appendix (here provided)(“DPA”The terms of) are hereby incorporated by reference and will apply to any Content containing Customer Personal Data (as defined in the DPA). The DPA sets out how we will process on your behalf and with respect to any Content provided to you under these Cloud Terms._Logfire Cloud_Relevant customer personal data. We will take commercially appropriate administrative, physical and technical safeguards to protect customer personal data as described in the DPA, including the security measures set out in Annex 2 of the DPA Standard Contract Conditions.

9. Intellectual property and ownership

9.1_PSI_rights

PSI or its licensors. Logfire Cloud All rights, title and interest in, including all intellectual property rights in, Logfire Software, including all related and underlying technology and documentation, and any derivative works, alterations, corrections, bug fixes, enhancements, updates, modifications or improvements to any of the foregoing ("modification"), including any feedback (collectively,"_PSI_materials"). Except for these Logfire Clause_Except as expressly limited rights provided in, the Customer has no right _PSI No right, title or interest in the Materials is granted. Customer acknowledges that these Logfire Clause_The license granted in does not include preparation_PSI We reserve the right to change any of these Terms of Use._PSI_reserved copy_Logfire Clause_All rights not expressly granted in. No right is granted by implication.

9.2 feedback

You are under no obligation to provide us with any suggestions, requests for improvement, recommendations or other feedback regarding_Logfire Cloud_,_PSI_products and services or otherwise ("Feedback"), but if you do,_PSI_is free to use, incorporate and modify such feedback into Logfire Software, products and services without any restrictions or payments.

10. confidentiality

10.1 confidential information

Either party shall keep confidential all confidential information disclosed or provided by the other party.Logfire Clause_As for,"confidential information"means any technical or business information disclosed by one Party to the other: (a) if disclosed in writing, marked as" confidential "or" proprietary "at the time of disclosure;(b) if disclosed orally, determined as" confidential "or" proprietary "at the time of such disclosure and sent by the Disclosing Party to the Receiving Party in writing within thirty (30) days of any such disclosure; or (c) in which case a person exercising reasonable business judgment would understand it to be confidential or proprietary. Although not so designated,_But PSI material is PSI confidential information, the content of which is confidential information of the client.

10.2 obligation of maintaining confidentiality

Each Party shall (a) exercise at least reasonable care to maintain the confidentiality of the other Party's Confidential Information; and (b) refrain from using the other Party's Confidential Information except in order to fulfil its obligations under this Agreement. Logfire Clause(c) not to disclose confidential information to any third party, except in accordance with this _Logfire Clause_employees, subcontractors and agents who are bound by confidentiality obligations at least as protective as the confidentiality obligations set forth in this section 10.

10.3 confidentiality restrictions

The confidentiality obligation does not apply to any confidential information of the other party if (a) it is now or hereafter publicly known or accessible by reason of any act or omission of the receiving party;(b) it was known to the receiving party prior to receipt of such information from the disclosing party without restriction on use or disclosure;(c) the receiving party makes available information lawfully obtained by that third party from whom it has the right to disclose it without restriction on use or disclosure; or (d) 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 pursuant to an order of a court or governmental authority of competent jurisdiction, provided that the Receiving Party uses reasonable efforts to give reasonable advance notice of such disclosure to the Disclosing Party to enable the Disclosing Party to prevent or limit such disclosure ("permitted disclosures"). For customer violations of Section 5 (Acceptable Use Policy) Logfire Cloud Any content or other data transmitted,PSI shall not be liable under this section 10.

10.4 Other confidentiality provisions

Either Party shall promptly notify the other Party of any unauthorized disclosure or use of any Confidential Information and take such steps as the other Party may reasonably require to assist the other Party in correcting such unauthorized use or disclosure. The provisions of this Section 10 shall supersede any confidentiality agreement between the Parties (whether entered into before, on or after the Effective Date) addressing the confidentiality and security of the Content, and such agreement shall have no further effect on the Content.

10.5 injunctive relief

Any breach or threat of breach of Section 10 may cause irreparable damage to the Disclosing Party for which there is no appropriate remedy at law. Accordingly, the Disclosing Party is entitled to seek injunctive relief without proof of actual damage or payment of security, in addition to any other remedy provided by law.

10.6 confidentiality period

Rights and obligations relating to confidential information shall be set forth in this _Logfire Clause_Notwithstanding the foregoing, the obligations of the Receiving Party with respect to Confidential Information shall survive termination of this Agreement so long as the Disclosing Party is entitled to trade secret protection of the Confidential Information.

11. Warranty and Disclaimer

PSI_wrong_logfire cloud、_PSI_THE SOFTWARE, SUPPORT SERVICES OR ANY MATERIALS PROVIDED UNDER THIS AGREEMENT MAKE OR PROVIDE REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE._PSI_EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF COURSE OF DEALING OR TRADE USAGE_logfire cloud_are provided "as is",_PSI_don't promise_logfire cloud_or_PSI_The Software does not operate intermittently or error-free, nor is there a guarantee that all errors will be corrected.

12. compensate for

12.1 customer redress

clients will_PSI_and our affiliates and licensors from any third-party claim, demand or action arising out of or relating to (a) your use of the Site, including, but not limited to, your use of the Site,Logfire Services(including any activity under your account and use by your employees and personnel) in violation of Section 5 (Acceptable Use Policy);(b) you violate these Logfire Clause_or violate applicable laws, rules or regulations, including those relating to _Logfire Cloud related conduct; or (c) any content or any combination of content with other applications, content, services or processes, including any claims involving alleged infringement or misappropriation of intellectual property or other third-party rights. Customer will pay_PSI_Any damages, costs, losses and expenses (including reasonable legal and other defense costs) arising out of any claim, including but not limited to_PSI_Amounts paid to resolve such claims. If we or our affiliates are obligated to respond to a third party subpoena or other enforceable legal order or proceeding, you shall also reimburse us for reasonable legal costs and the time and materials our employees and contractors spend responding to the third party subpoena or other enforceable legal order or proceeding at our then-current hourly rates.

12.2 _PSI_compensate for

PSI_will defend the Client against any claims arising from alleged infringement of third party intellectual property rights arising from: (a) _PSI_for providing_Logfire Services_Observability Technology, and (b) any Logfire Software expressly licensed under the Order (collectively,"Logfire Software").Logfire technology"), and_PSI_will pay damages or costs ultimately awarded to the Customer or resulting from a settlement agreement for any such action. Notwithstanding the foregoing,_PSI_No liability shall be assumed for any infringement claim based on: (a) the content;(b) the use_PSI_software other than the current, unmodified version of Logfire Software provided to Customer;(c) _PSI Technology and non-technology PSI (d) any combination, operation or use of equipment, devices, software, services or data (including but not limited to Content) provided by the Company, without which no claim would arise; PSI Party other than Logfire Software or Logfire Cloud (e) Open Source Software; or (f) Failure to comply with the Documentation and this Logfire Clause_Use Logfire technology. Except_PSI_If Logfire Technology becomes the subject of an infringement claim, or_PSI_Believing that it may be the subject of a tort claim,_PSI_At its option and expense, and as Customer's sole and exclusive remedy:_PSI_without charging the customer any fees;(b) replace or modify the Logfire technology in whole or in part to make it non-infringing; or (c) terminate the applicable order and return the customer a pro rata refund for the terminated _Logfire Cloud Any expenses paid in advance. This section specifies PSI All liabilities and obligations of the Customer and the Customer's sole remedy for any claim of infringement of any intellectual property right.

12.3 procedure of compensation

Either party shall promptly notify the other party of any claim. If the party seeking compensation ("Indemnitee") Failure to promptly notify the Claimant ("indemnifier"), the indemnifier is relieved of its obligation to defend and indemnify the Indemnitee only if the failure to provide notice seriously impairs the indemnifying party's ability to defend the claim. The indemnifier will have full control over the defence (including choice of counsel) and settlement of the claim, provided that any settlement releases the Indemnitee from all liability. The Indemnitee will provide the Indemnifier, at the expense of the Indemnifier, with all reasonable assistance, information and authority necessary to defend and resolve the Claim. The Indemnitee will retain and will not waive any legal, professional or any other privilege attached to any records, documents or other information relating to such Claim without the prior informed consent of the Indemnifier. The Indemnitee shall have the right to retain counsel, at the expense of the Indemnitee, to participate in the defense or settlement of any Claim. The Indemnifier shall not be liable for any settlement or compromise reached by the Indemnitee without the Indemnifier's prior written consent.

13. limitation of liability

13.1

for any indirect, incidental, special, consequential, punitive or exemplary damages, or (if not classified as excepted damages above) loss of business, contract, income, profits, goodwill, production, anticipated savings, use or data, or any other claim or demand of any other party_PSI_In no event shall we, our affiliates or licensors be liable 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 LIABLE FOR ANY COMPENSATION, REimbursement OR DIRECT DAMAGES IN CONNECTION WITH:

• (a)You cannot use_Logfire Cloud_;

• (b)The cost of procuring substitute goods or services;

• (c)any investment, expenditure or commitment you make in connection with these logfire terms, or your use of or access to_Logfire Cloud_;

• (d)any unauthorized access to or disclosure, alteration, deletion, destruction, damage, loss or failure to store any of your Content or other data; or

• (e)Any act or omission of the hosting service provider.

13.3

PSI and our affiliates and licensors in these Logfire Clause_Your total liability under this Agreement will be limited to (a) your liability under this Agreement within 6 months prior to the occurrence of the event giving rise to the Claim. _Logfire Clause_act as _Logfire Cloud the amount actually paid to us, or (b) fifty thousand United States dollars (US$50,000), whichever is less. These limitations shall apply even if any limited remedy fails to achieve the essential purpose.

14. Term and Termination

14.1 deadline

these _Logfire Clause_Effective from the Effective Date and shall remain in force until such time as these _Logfire Clause_All orders subject to termination or expiration, unless terminated earlier in accordance with the following provisions.

14.2 termination

these Logfire Clause_Effective from the Effective Date and valid until terminated in accordance with this Section 14. Unless you enter into an Order as otherwise specified, including a specific subscription period for the Order, Customer may "delete" Customer's purchase at any time by following the process on the Website or via the API. _Logfire Cloud to terminate the order or Logfire Cloud. Order or_Logfire Cloud_The termination of your account and these will not automatically result_Logfire Clause_. Unless you enter into an order otherwise stated, you may terminate your account and these by sending us written notice of termination. Logfire Clause. If the other party seriously violates these Logfire Clause_and such default is not cured within thirty days after written notice, either party may terminate these _Logfire Clause_or order form. For convenience,_PSI You can also terminate these by giving you 30 days notice. Logfire Clause. Either party may also terminate these immediately if the other party (a) terminates or suspends its business, or ceases normal operations.Logfire Clause(b) transfers or makes a similar disposition of its assets for the benefit of creditors;(c) is subject to any bankruptcy, reorganization, dissolution, insolvency or similar proceeding;(d) is insolvent or under the direct control of a trustee, receiver or similar body; or (e) has been wound up or liquidated voluntarily or otherwise.

14.3 Effect of termination

this Logfire Clause_Upon termination or expiration,(a) you are _Logfire Clause_All rights and obligations under this Section shall terminate immediately;(b) You shall remain liable for all costs and charges incurred up to and including the date of termination, which shall expire immediately and shall continue to be bound by the terms of this Section 6._Logfire Clause_Upon termination or expiration of the Order, Customer shall cease use immediately._Logfire Cloud_and Logfire software, if applicable, shall also discontinue use of support services. Customer is solely responsible for these _Logfire Clause_before expiration or termination _Logfire Cloud Export content. Before you terminate_Logfire Cloud_or discontinue these_Logfire Clause_After that, we have no obligation to continue storing information from_Logfire Cloud_The Customer acknowledges that it will have no further access to any Content after termination. Notwithstanding the foregoing, the provisions of Sections 9, 10 (for the period specified in Section 10.6), 11, 13, 14.3, 15 and 16 shall continue in force after termination or expiration of these Cloud Terms.

15. general conditions

15.1 relation

We and you are independent contractors, and neither party nor any of its respective affiliates is an agent of the other party and has no right or authority to assume or incur any obligation on behalf of the other party for any purpose whatsoever or to make any representation or warranty, express or implied, on behalf of the other party or to bind the other party in any respect._Logfire Clause_The provisions of this section are intended and only for_PSI_The Company does not create any rights for any third party.

15.2 transfer the possession of

Neither party shall assign these without the prior written consent of the other party. _Logfire Clause_or any of its rights or obligations under this Agreement shall not be unreasonably withheld, and any such assignment in violation of this section shall be void, provided that (a) either party may transfer such assignment without the consent of the other party. _Logfire Clause_or the rights granted under this Agreement to an Affiliate, and (b) transfer these _Logfire Clause_or the rights granted to the successor entity under this Agreement in the event of a merger, corporate reorganization or acquisition shall not constitute an assignment of the Program.

15.3 applicable law

these Logfire Clause_shall be governed by the laws of the State of New York without regard to conflict of laws principles. The parties acknowledge and agree that these _Logfire Clause_It relates only to the performance of services (not to the sale of goods) and is therefore not subject to the Uniform Commercial Code of any competent country. Furthermore, the provisions of the Uniform Computerized Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods do not apply to these _Logfire Clause。

15.4 Consent to jurisdiction

You must try to resolve these issues informally. _Logfire Clause_Any disputes related to these are first resolved through our respective management and then through non-binding mediation in New York City, NY. _Logfire Clause_Any action relating thereto shall be brought in, and only in, state or federal courts located in New York City, New York, and you irrevocably waive any objection to such location._PSI_The right to claim unpaid fees in public courts is reserved.

15.5 inform

according to these _Logfire Clause_All communications and notices made or sent must be in English. We may respond to these by posting notices on the website or sending messages to the email address associated with your account. _Logfire Clause_To provide you with any notifications. When we send an email, you will be deemed to have received any email sent to the email address associated with your account, regardless of whether you actually received it. To be informed _Logfire Clause_To notify us, you must send an email to legal@pydantic.dev。

15.6 trade compliance

Customer shall comply fully with all applicable export control and sanctions laws and regulations of any country of jurisdiction, including the United States, to ensure that the export control and sanctions laws and regulations are complied with in accordance with these Logfire Clause_Any services, payments or other deliverables provided shall not be: (i) provided, purchased, routed or used for the direct benefit of any party subject to sanctions or export denial lists;(ii) used in any country or territory subject to comprehensive sanctions;(iii) used for any purpose prohibited by applicable export control and sanctions laws and regulations, including but not limited to proliferation of nuclear, chemical or biological weapons; or (iv) for any other purpose requiring a license or other governmental approval, but for which such authorization has not been obtained. Customer shall not _PSI Provide any material, information, software, technology, or technical data that is subject to export control levels higher than EAR99 under the U.S. Export Administration Regulations or any other dual-use or ammunition export control list. PSI Determining that Customer has violated its obligations under this section, has been sanctioned or denied exports, has used sanctioned banks to process payments under this Agreement, or that applicable sanctions or export control laws have changed such that performance of these cloud provisions is impermissible or impracticable_PSI_ has the right to suspend or terminate Logfire Clause_sum _Logfire Cloud_If continued performance may lead to _PSI Violate applicable export control and sanctions laws and regulations or face negative consequences.

15.7 United States Government Rights

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 described in DFAR 252.227-7014(a)(1) and FAR at 48 C.F.R. 2.101. They are intended for end-use by the U.S. federal government only and contain only government technical data and software rights, usually including only those rights in accordance with these terms. _Logfire Clause_This customary commercial license is provided under FAR 12.211(Technical Data) and FAR 12.212(Software) and 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, the_PSI_also provides applicable help, notices, about, or certain third-party open source software identified in the source files ("Third Party Software"). Third Party Software shall be subject to the applicable Open Source License and not subject to these_Logfire Terms_.PSI_makes no warranties, express or implied, and assumes no liability with respect to any third party software under Section 12 (Indemnity). If the open source license terms applicable to third party software prohibit any of the limitations in these_Logfire Terms, then such limitations will not apply to such third party software. Make such an offer if the terms of the open source license applicable to the third party software require_PSI_to provide source code or related information related to the third party software.

15.9 Use of Names and Logos

_PSI_will obtain the written consent of any customer before using its trade name, service mark or logo in marketing materials, customer lists, press releases, articles, websites, advertisements or other promotional activities.

15.10 Force Majeure

You understand and agree that you are responsible_Logfire Cloud_The use of the Site may be delayed or interrupted for reasons beyond our reasonable control, and any delay or failure to perform these_Logfire Clause_We shall not be liable for any obligation under, or for any damage or consequence resulting therefrom, if the delay or failure is due to any cause beyond our reasonable control, including but not limited to force majeure; acts or orders of governments; changes in laws or regulations; epidemics and pandemics; floods, fires, earthquakes, storms or other natural causes; blockades, embargoes, riots, civil disturbances, acts of terrorism or war; strikes, lockouts, labor disputes or other industrial disturbances; disruption of production facilities; systemic electrical, telecommunications or other utility failures; computer, telecommunications, Internet, Internet service provider, hosting service provider or hosting facility failures or delays involving hardware, software or electrical systems not in our possession or reasonable control; cyber intrusion or denial of service attacks; or any other cause beyond our reasonable control, whether similar to or different from any of the above (individually or collectively,"Force Majeure", as the case may be). If a Force Majeure event suffered by PSI's subcontractors cannot be accomplished or obtained from other sources without incurring unreasonable cost or significant loss of time, then_PSI_Our subcontractors are also exempt from liability.

15.11 Entire Agreement

these _Logfire Clause_between the parties regarding these _Logfire Clause_The order will only be used to define quantities, prices and descriptions according to these _Logfire Clause_Services provided and orders only within this scope as these _Logfire Clause_Part of the order will be included; all other terms in the order will be rejected. _Logfire Clause_Replace those between you and us _Logfire Clause_All prior or contemporaneous statements, understandings, offers, agreements or communications, whether written or oral, relating to the subject matter. You acknowledge that, in addition to these, _Logfire Clause_You have not relied on any representations other than those contained in. These representations shall not be binding unless in writing and signed by both parties. _Logfire Clause_Any waiver of any provision of this Agreement shall be void.

15.12 Severability; Failure to Perform

if these _Logfire Clause_Any provision of this Agreement shall be deemed invalid or unenforceable and the remainder shall remain in full force and effect and such provision shall be enforced to the fullest extent possible to achieve the intent of the Parties and shall be modified to the extent necessary to render such provision valid and enforceable. _Logfire Clause_No provision of this Agreement shall constitute a waiver of such provision now or in the future, nor shall it limit our right to enforce such provision hereafter.

15.13 Revision

We may modify these at any time by posting a revised version on the website or notifying you by email Logfire Clause. Revised Terms of Service are posted on the website or effective as described in our email notification messages. Continued use after the effective date of any revision of these Cloud Terms_Logfire Cloud_, you agree to be bound by the revised Terms of Service. If you do not agree to the revised Terms of Service Logfire Clause_Your only remedy is to stop using it. _Logfire Cloud and comply with the termination obligations outlined in Section 14. Please check this website periodically. We last revised these _Logfire Clause_The dates are these. _Logfire Clause_Date listed at the beginning.

16. definition

alliance

means an entity that a Party directly or indirectly controls, controls, or is under common control with a Party."Control" means ownership of at least fifty percent (50%) of the outstanding voting shares of the entity.

authorized user

means an employee, contractor or individual who:

1. We authorize access to, view or use of the Services

2. Register an account in accordance with the then-current account registration procedures of_PSI_, and

3. Agree to these_Logfire Terms_or other applicable agreements with_PSI_

content

means all data and information transmitted to_Logfire Cloud_by Customer, its authorized users or on behalf of Customer.

document

Refers to the standard user documentation for the Logfire software and_Logfire Cloud_located here on or other locations that may be provided by_PSI_.

intellectual property

Patent rights (including patent applications and disclosures), copyrights, trademarks, trade secrets, know-how and any other intellectual property rights recognized in any country or jurisdiction in the world and all goodwill associated therewith.

order

means (a) by mutual consent Logfire Cloud, support services and/or any professional consulting and training services, and references to these Logfire Clause, or (b) selected and activated by the customer through the website _Logfire Cloud_including any selected support services.

"Parties" and "Parties"

_PSI_and customers collectively and individually.

website

depend on PSI Designated location, which may include PSI Subdomains or subpages within the website, including logfire.dev sum pydantic.dev or provide for Logfire Cloud or Logfire Software.

support services

means applicable support and maintenance services purchased by Customer for_Logfire Cloud_as described in the Order and in these_Logfire Terms_.

Logfire software

_Logfire Cloud_software, Logfire SDK and related documentation.

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