Terms of Service
Last updated: May 2022
By using the Raygun system (the “Service”) and all services of Raygun Limited, NZ Company number 1899673 (“Raygun”), you agree to the legal terms set forth by the following terms and conditions (“Terms of Service”). If you do not agree with any term or condition set forth below, you are not authorized to use the Service for any purpose.
Raygun Limited reserves the right to modify the Terms of Service from time to time without prior notice, effective upon posting an updated version of this Terms of Service on the Raygun website. You are responsible for regularly reviewing this Terms of Service. Continued use of the Service after any such modifications to the Terms of Service shall constitute your consent to such modifications.
These Terms of Service will be governed and interpreted in accordance with the laws of New Zealand. You and Raygun each irrevocably submit to the non-exclusive jurisdiction of the New Zealand courts for the purpose of hearing and determining all disputes under or in connection with the Terms of Service.
Account Terms
- You warrant that you are 18 years of age or older.
- You warrant that you are a human, and not a computer service or automated “bot”.
- You warrant that you have provided accurate and valid information requested during the registration process.
- You warrant that you will use the Service only for lawful purposes. You must not violate any laws in your jurisdiction, including but not limited to any copyright laws.
- You are prohibited from violating, or attempting to violate, the security of the Service.
- Your warrant that during your use of the Service you will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with Raygun Limited or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Raygun Limited customer, employee, member, or officer.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Raygun Limited.
- You understand that Raygun Limited uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service. If your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as determined by Raygun Limited, we reserve the right to limit your bandwidth to the Service.
- You understand that excessive usage of the service in relation to your current plan limits will result in Raygun charging you based on your usage or requesting you upgrade to a higher plan. Excessive usage can result in account suspension.
- You understand that Raygun reserves the right to implement fair use rate limiting based on your volume of data.
- You authorise Raygun Limited (including its affiliates and employees) the right to access your account information to provide necessary support and administration services.
Payments, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts. Your credit card statement will show a payment to “Raygun Limited”.
- Payments are denominated in U.S. dollars.
- The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- The Service is a subscription and will automatically renew each month or year depending on the billing frequency chosen.
- When you alter your plan - including adding, changing, or upgrading products - we will charge your credit card immediately for the new plan rate. This will start a new billing cycle and set a new renewal date for your subscription.
- The free trial will begin the day the account is opened and we will cease processing data at the end of 14 days.
- In order to continue using the Service after the free trial, a valid credit card must be added to your account via the My settings > Plan screen.
- You agree that Raygun is unable to control the amount of error events and user sessions that you send to the Service. If you are on a plan level that is insufficient for your data volumes, you give Raygun Limited the right to charge you based on your actual usage. For plans with data limits, you give Raygun the right to enforce and stop processing data on your behalf. If within your plan settings you have the auto upgrade option selected and you have not taken action to upgrade your plan yourself within 48 hours of exceeding plan limits, you grant Raygun Limited permission to upgrade your plan to a higher-tier plan that matches your usage level on your behalf and charge you for the upgrade.
- If you choose to downgrade your account, we are not liable for the resulting loss of content, features, or capacity. The downgrade will take effect at the end of your current billing cycle.
- We will delete all of your content upon cancellation and we will not be able to recover this information once deleted. We are not liable for any loss resulting from cancellation.
Account Cancellation Terms
- Accounts can be cancelled at any time by submitting a cancellation request under your plan settings in the Raygun application. A request to Raygun Limited to cancel your account does not constitute a cancellation until confirmed by Raygun Limited. Raygun Limited is not responsible for additional charges that may occur from additional service provided before your cancellation takes effect and Raygun Limited is not responsible for additional charges that may occur if you do not cancel your account properly.
- If you cancel your account prior to the start of the next billing period, you will not be charged for a subsequent term. You may still incur on-demand charges if you exceed your reserved events prior to the date your cancellation comes into effect (i.e. the end of your term). If you cancel after your billing anniversary (i.e. the payment has been taken) no refunds or partial refunds for the Service will be given for that billing period.
- In the event that Raygun is unable to collect payment from the card attached to your account, Raygun will automatically retry the card for 14 consecutive days. If payment is not received within 14 days, Raygun reserves the right to immediately terminate your account on day 14 of non-payment.
- Upon cancelling your account, all data you entered into the Service on that account will be immediately deleted from the Service. Cancelling an account is an irreversible process and the data cannot be recovered.
Service and Pricing Modification Terms
- Raygun Limited reserves the right to modify or remove parts of the Service at any time. Raygun Limited will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to you.
- Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 7 days notice from Raygun Limited. Such notice may be provided by posting the changes to the Site or the Service itself.
- Raygun Limited shall not be liable to you, or to any third party, for any modification, price change, suspension or discontinuance of the Service.
Copyright Terms
- You acknowledge that the Service is licensed to you and that Raygun Limited retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Raygun Limited’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Raygun Limited (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.
- Raygun Limited claims no intellectual property rights over any of the content or data you upload or add to the Service. All data added to the Service by you or users of your account retains its original ownership.
Disclaimers
- Raygun Limited is not responsible for any incorrect or inaccurate content posted on the Site or Service. The Site or Service may be temporarily unavailable from time to time for maintenance or other reasons. Raygun Limited assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. Raygun Limited is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service.
- Raygun Limited does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. The Service is provided “as-is” and Raygun Limited disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Raygun Limited cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will Raygun Limited or any of Raygun Limited’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to your or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising your use of the Service, even if Raygun Limited has been advised of the possibility of such damages.
- You consent to the identification of your business as a customer of Raygun on websites, and in other marketing materials (which may include emails and other web and print materials). In connection with such activity, Raygun may also display your trademarks, service marks, and/or logos in marketing materials. The foregoing shall be deemed a worldwide, nonexclusive and irrevocable license to the use of your name, trademarks, service marks, and logos for this purpose. The Parties agree that such license and consent shall terminate upon termination of subscription.
Indemnity
- You agree to indemnify and hold Raygun Limited, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site in violation of this Terms of Service or your violation of any law or the rights of a third party.
