Terms of Service

1. Eligibility

1. Authority. You represent and warrant that you have legal capacity and authority to enter into these Terms, individually or on behalf of a legal entity.
2. Minimum Age. The Services are not directed to persons under eighteen (18) years of age.

2. Access and Use of the Services

1. Access Rights. Subject to your compliance with these Terms and timely payment of applicable fees, we grant you a limited, non‑exclusive, non‑transferable, revocable right to access and use the Services for your internal business purposes via our hosted web application and related interfaces.
2. Restrictions. You shall not (and shall not permit others to): copy, host, modify, or create derivative works of the Services; interfere with or disrupt the integrity or performance of the Services; access the Services to build a competing product; circumvent security or access controls; or use the Services in violation of law or third‑party rights.
3. Service Modifications. We may modify or update the Services at any time. Where a change materially reduces core functionality during an active paid term, we will provide advance notice when commercially reasonable.

3. User Accounts

1. Registration. You must provide accurate and current information and maintain the confidentiality of your credentials.
2. Responsibility. You are responsible for all activities under your account and must promptly notify us of any unauthorized access or security incident.

4. Subscriptions and Payment

1. Fees. Subscription fees are as listed at purchase and are non‑refundable except as expressly stated in these Terms.
2. Billing and Renewal. Subscriptions automatically renew for successive terms equal to the initial term unless canceled prior to renewal. You authorize recurring charges to your payment method on file.
3. Taxes. You are responsible for all applicable taxes, duties, and governmental charges, excluding taxes on our income.

5. Customer Data and Data Protection

1. Ownership. You retain all right, title, and interest in data you upload, store, or transmit via the Services (“Customer Data”).
2. Use of Customer Data. You grant us a limited, worldwide, royalty‑free right to host, process, and display Customer Data solely to provide, maintain, and improve the Services (including session recording and analytics captured by the SDK).
3. Data Protection. We process Customer Data in accordance with our Privacy Policy and, where applicable, a Data Processing Agreement (“DPA”). You are responsible for obtaining required consents from end‑users for lawful capture of session data (e.g., rrweb session recordings).

6. Intellectual Property Rights

1. Company IP. We and our licensors retain all rights in the Services, underlying software, SDK, technology, content, and documentation (“Company IP”). No ownership rights are granted by these Terms.
2. Feedback. We may use feedback or suggestions without restriction or obligation.

7. Confidentiality

You shall maintain in strict confidence all non‑public information disclosed by us that is designated as, or should reasonably be understood to be, confidential. Exclusions include information that is public without breach, lawfully known to you prior to disclosure, independently developed, or lawfully obtained from a third party.

8. Service Availability and Support

We use commercially reasonable efforts to maintain availability but do not guarantee uninterrupted or error‑free operation. Support, if offered, will be provided per any separate service level or support terms.

9. Disclaimers and Limitation of Liability

1. No Warranties. The Services are provided “AS IS” and “AS AVAILABLE,” without warranties of any kind, whether express, implied, or statutory (including merchantability, fitness for a particular purpose, title, and non‑infringement).
2. Limitation. To the maximum extent permitted by law: (a) we are not liable for indirect, incidental, special, consequential, or punitive damages; and (b) our total aggregate liability for all claims shall not exceed the fees paid by you to us in the twelve (12) months preceding the event giving rise to liability.
3. Essential Purpose. These limitations are fundamental elements of the parties’ bargain.

10. Indemnification

You shall defend, indemnify, and hold harmless the Company and its affiliates from and against claims, losses, liabilities, damages, costs, and expenses arising from (i) your use of the Services in violation of these Terms or law, (ii) Customer Data, or (iii) disputes between you and your end‑users.

11. Termination

1. By You. You may terminate at any time by ceasing use and canceling your subscription.
2. By Company. We may suspend or terminate if you breach these Terms, fail to pay fees, or engage in fraudulent or unlawful activity.
3. Effect. Upon termination, access rights cease and we may delete Customer Data per our data retention policy.

12. Governing Law and Dispute Resolution

1. Governing Law. These Terms are governed by the laws of [Insert Jurisdiction], without regard to conflict‑of‑laws principles.
2. Venue. Exclusive jurisdiction and venue lie in the courts located in [Insert Jurisdiction], and you consent to personal jurisdiction therein.
3. Injunctive Relief. Either party may seek equitable relief to prevent unauthorized use or disclosure of Confidential Information or intellectual property.

13. Amendments

We may modify these Terms at any time. Material changes will be communicated by posting the revised Terms with an updated effective date. Continued use constitutes acceptance.

14. Miscellaneous

• Entire Agreement. These Terms, the Privacy Policy, any DPA, and order forms constitute the entire agreement.
• Assignment. You may not assign these Terms without our prior written consent.
• Severability. If any provision is invalid, the remainder remains in full force and effect.
• Waiver. Failure to enforce any provision is not a waiver of future enforcement.