Terms of Service
Last Updated: 22/12/2021
Logtivity helps site owners monitor the activity on their site(s) for security and audit purposes. By using Logtivity you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That’s true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.
Please read these carefully. Violation of any of the Terms of Service may result in the termination and deletion of your account.
|“Company”, “we”, “us” or “our”||means Logtivity LTD.|
|Privacy||means the policy, which governs how we process any personal data collected from you;|
|Service, Services||means the service being provided by Logtivity.|
|“you”, “account” or “customer”||means a customer of the Service.|
|“user”, or “users”||means a user account within the Customers applications they are monitoring with our Service.|
|“data”||means any data inserted from the Customer’s web application into the Service.|
2. Account Terms
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. We recommend users set up two-factor authentication for added security. In some of our Services, we may require it.
- You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You are responsible for the data you submit to the Service and all activity that occurs under your account.
3. Payment, Refunds, and Plan Changes
- You may sign up to our Service with a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. See our Cancellation and Termination policy for more details.
- If you are not satisfied with the service within the first 30 days of your subscription, we will issue a refund for your first purchase and cancel your subscription. Subsequent purchases are not eligible for refunds. At the end of each billing period the plan contract will automatically renew indefinitely until explicitly cancelled by the Customer. Cancellation must be issued via the Service.
- Eligible refunds will be issued to the credit card that was used to make the credit purchase, according to the refund policy described in the “Fees” section. We will not issue cash refunds under any circumstances. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account for the appropriate amount. We have a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently banned from using the Service.
4. Cancellation and Termination
- You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link with in your Subscription settings area. You may not cancel your account by sending us an email or phone request. If you do not cancel your account, the usage fee will continue to be charged to your credit card.
- Once you cancel your subscription, you will still be able to use the Service until your current billing period is over. Within 30 days of your subscription ending, all Data will be permanently deleted from all active systems, logs, and backups. The Data cannot be recovered once it has been permanently deleted. Your account will still exist unless you delete your account.
- If you cancel the Service before the end of your current paid period you will not be charged again. But there will not be any prorating of unused time from the previous billing cycle, and you will not receive any partial refund.
- The Company, in its sole discretion, has the right to suspend or terminate your account for any reason at any time. If the Company suspends or terminates your account, then the Company may provide you with a pro-rated refund for unused time in such billing cycle. However, if the Company suspends or terminates your account due to (a) your breach of these Terms of Service, or (b) any acts or omissions by you that are grossly negligent or any wilful misconduct, then such termination will result in the deactivation or deletion of your account, and/or disabling your access to your account, and the forfeiture and relinquishment of all the Data in your account. No refunds will be provided. We will provide you with email notice prior to terminating your account. Within 30 days of termination, all Data will be permanently deleted from all active systems, logs, and backups. The Data cannot be recovered once it has been permanently deleted.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.
5. Intellectual Property
- All Data inserted, uploaded, or posted on the Logtivity must not violate any applicable law, including without limitation any intellectual property laws, privacy laws, and criminal laws. You represent and warrant to us that you have all necessary rights, permissions and consents (including User and third party consents) to insert, upload, and post the Data to the Service.
- You (or on behalf of Users) retain all ownership rights in the Data stored to the Service.
- By inserting, uploading or posting the Data to the Service, you grant us, our agents, licensees, and assigns the right and license to store, process and use the Data to provide the Service. Without these rights, we couldn’t offer our Services.
- You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any Data you insert, upload and/or post and your use of the Service.
- Logtivity reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any Data, content or other information in Logtivity’s possession about or related to the Customer, Customer’s use of the Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the Service or Logtivity’s customer data and information.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
- You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
6. Features and Bugs
We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.
We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.
7. Modifications to the Service and Prices
- Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
- Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.
8. Uptime, Security, and Privacy
- Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- We take many measures to protect and secure your data through backups, and encryption. We enforce encryption for data transmission from the public Internet.
- To help you with support requests you make. We’ll ask for express consent before accessing your account.
- To safeguard the Company. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts if absolutely necessary to provide support or as part of an abuse report investigation.
- To the extent required by applicable law.
9. Services Adaptations and API Terms
We offer Application Program Interfaces (“API”s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
- Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account’s access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account’s access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
11. Which country’s laws apply to any disputes?