Last Updated: October 4th, 2016
These Terms and Conditions (herein referred as "Terms") apply to the Blackfire service ("Service") provided by SensioLabs SAS (a company registered in France under company number RCS Nanterre 752 893 842) whose registered office is located at 92 boulevard Victor Hugo, 92110 Clichy, FRANCE (herein referred as "SensioLabs", "we", "us", "our").
The Service can be accessed through our Internet website ("Website"), our Agents, Probe, Browser Extension, CLI utility and other software (collectively "Software") and Documentation.
Access to the Service requires at any time to:
The Terms may be subject to occasional changes. We may, in our sole discretion, update these Terms at any time and without prior notice. The most recent version of the Agreement is available at https://blackfire.io/terms. This page also displays the "Last Updated" posting date at the top of the Terms. By continuing to use the Service, you recognize to you have reviewed, understood and agreed to the revised Terms.
A User Account ("Account") is mandatory to be able to use the Service.
By creating an Account you agree to and must provide a valid e-mail address and any other information required to complete the Account creation process. When subscribing to a Paying Plan, you agree to and must provide your real name and address, and any other information required to complete the subscription process.
If you are representing a company or any other legal entity, you must have the authority to bind this entity to these Terms.
An Account is personal. It is not permitted to share the use of the Service between several persons via a single Account. You recognize that you are responsible for the security of your Account and authentication methods to the Account. You shall be held responsible for any activity occurring with your Account, may it be of your own, or any other person having access to your account.
Failure to comply with those Terms may result in SensioLabs deleting the Account and all related Content, and may result in you, or the entity you are representing, being banned from any further use of SensioLabs services and products.
You may at any time decide to delete your Account. You understand and agree that this action can only be performed by you, and that SensioLabs employees will not take into consideration any Account deletion request emitted by phone or e-mail. The Account deletion must be performed via your personal Account page https://blackfire.io/account, and confirmed by clicking on the link which will be sent to your Account's e-mail address, and accepting the Account deletion via the subsequently opened Website page.
You understand that deleting your Account implies the deletion of any related Content, and cancellation of any subscription without any right or acceptable claim of refund for any previously paid subscription.
Using the Service may require the installation of Software elements, on your local machine, servers, or Internet Browser.
You understand that you are using the Service at your own risk, and that you must check the safety and the security of your hardware and materials.
To improve the Service, SensioLabs may recommend specific configurations. Should you choose not to follow recommendations made for specific configurations by SensioLabs, you assume the responsibility for any and all results of your choice.
It is not permitted to use the Service for any unauthorized use, or illegal activity as per the French law or your jurisdiction's law.
You understand that the Service is provided on an "as is" and "as available" basis.
The Service is available worldwide. We may, at our sole discretion, restrict access to the Service, or portions of the Service in certain countries. You understand that your are solely responsible of making sure that you can access the service from your geographic area. SensioLabs may not be held responsible for any Internet connection outage resulting in a Service disruption, Content loss or degradation.
The Service is available only in English. We may, at our sole discretion, communicate or produce content in other languages with no further obligation to provide the Service in additional languages.
SensioLabs may occasionally offer to users to experiment new features before their official release ("Beta Features"). You understand and agree that any of these Beta Features may be modified, removed or discontinued depending on your Subscription Plan at our sole discretion.
The Service may contain links or integrations with Third Party content, products and services, as a convenience. SensioLabs does not endorse and can not be held responsible for any content, products and services provided by the Third Parties, nor the operational or functional capacity of the integration with the Service. Your use of Third Party content, products and services, including payments and any terms and conditions are solely binding you and the Third Party.
The Service is hosted by Amazon SAS. Any data and Content is stored and processed on Amazon Web Services servers, located in Ireland. We may, at our sole discretion, decide to change from hosting provider and may consequently have to relocate and process your data and Content in another Country. In such an event you will be notified 30 days in advance.
Support is available in English and French, via e-mail at firstname.lastname@example.org or the Website's built-in support features.
Support cases will be managed only via SensioLabs support management tool. You understand and agree that we can handle only support cases described with enough context, and that those can only be related to the Service, Account, Subscriptions and questions about these Terms.
You understand and agree that Hack Accounts may, or may not, benefit from the Support at our sole discretion, and that priority will be given to Support cases issued by Paying Accounts. We can not be held accountable for any unresolved support case, and may decide to consider a support case as resolved at our sole discretion.
The Service and Support provides ways to share your feedback and ideas ("Feedback") with SensioLabs. You represent and guarantee that you have, or have been granted, any rights and licenses required to submit the Feedback and you hereby transfer such rights and licenses to SensioLabs who may commercially or non-commercially exploit in any manner, any and all Feedback, without any further claim from you.
Using the Service requires your transmission of some data collected and aggregated from your servers or local machines by our Software to our Website, or directly uploaded by you (the "Content"). You retain full ownership and intellectual property of your Content.
You guarantee that you have, or have been granted, any rights and licenses required for using the data collected by, or uploaded to the Service.
The Service does not pre-screen Content uploaded by users to the Website, but SensioLabs and its employees have the right, at their sole discretion, to refuse or erase any such Content.
SensioLabs does not provide any guarantee as of the accuracy, integrity or quality of the Content.
The Service offers ways to share your Content from the Website. By setting your Content to be viewed publicly, you understand and agree that this Content may be viewed by any visitor of the Website, may they have an Account or not, and indexed by search engines. It is your sole responsibility to 1) Share your Content Publicly; 2) Publish the related unique URL giving read access to your Content; 3) Stop sharing your Content to disable anybody to access to it.
All intellectual property rights related to the Service, including but not limited to the Website, the Software, Documentation, trademarks, texts, graphics and images ("SensioLabs Properties"), belong without any limitation to SensioLabs or their partners.
You are therefore not entitled to use the SensioLabs Properties for any other purposes than the provision of the Service, or without SensioLabs prior written consent.
You hereby acknowledge that SensioLabs is the sole owner of their intellectual property rights, and particularly of the Service, the Technology and the names. You shall not at any time dispute such ownership or the validity of SensioLabs’ intellectual property or any of the attached rights.
You are not permitted to 1) use any device, software or routine that could interfere with, or disrupt, the Service; 2) sublicense, resell, copy, modify or host the Service; 3) attempt to reverse engineer, decipher, decompile or disassemble any of the SensioLabs Properties; 4) frame or utilize framing techniques on the SensioLabs Properties; 5) use the Service's APIs for any application that replicates or attempts to replicate part or whole of the Service.
SensioLabs may anonymize your Content and then process it for statistic and research purposes.
The Service is provided in full or in part, according to the Plan subscribed by the user with his Account.
By creating an Account you automatically subscribe ("Subscription") a free of charge Plan ("Hack Plan"). Paying Plans may grant access to additional features, Content and Content storage capacities, Support priority level or any other Service capacity.
The Profiler Plan may be subscribed to and paid for online.
The Premium Plan may be subscribed to and paid for online.
The Enterprise Plan may be subscribed to and paid for in an offline process.
Additional Plans may be subscribed to and paid for via Integration Partners (such as hosting platforms), as specific or bundled service offerings ("Integration Partner Plans").
Plan Add-Ons ("Add-Ons") may be subscribed to additionally to Paying Plans. Those grant additional, optional features to the Paying Plans.
Applicable fees for the use of the Service are displayed in euros or US dollars (with taxes, if applicable).
Online Payments of the fees shall be made by you using the Recurly Inc. service via the pages provided provided by Blackfire, with any of the accepted credit card payment systems.
All fees due under this T&C are payable in advance, on a monthly or yearly basis (the "Period"), at the subscription's anniversary day. SensioLabs will not grant any refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
The Client is responsible for all currency conversion fees, wire transfer fees and similar bank payment charges ("Transaction Fees"). The Payment of Fees must be made net of all Transaction Fees.
Invoices are sent to the Client by email and remain accessible on Blackfire at any time during the Term.
You may at any time decide to change your Account's Plan. Any change toward a lower Plan is applicable at the end of the current Period, whereas any upgrade is applicable immediately.
When switching from a monthly billing Period to a yearly billing Period, SensioLabs will immediately bill you of the full year discounted by the prorated Paying Plan costs for the remaining time in the current Period.
Upgrading to the Enterprise Plan can only be done via an offline selling process, by contacting directly the SensioLabs sales representatives. The Enterprise Plan features and other capacities will be enabled directly by SensioLabs for the Accounts specified in the offline order process.
At the end date of the subscription period, if the subscription is not renewed, we may, at our sole discretion, downgrade your Account to the Hack Plan, and disable any of the Paying Plan features or capacities. You understand that this may result in irrevocable loss of Content, or Service unavailability, in part or in full.
You are solely responsible for properly terminating your Premium Plan subscription. SensioLabs will not consider cancellations by email or phone request. Your subscription can be canceled via you Account Billing page. The termination will be effective at the end of the Period.
All of your Content obtained via the use of Paying Plan features will be immediately deleted from the Service upon the Paying Plan subscription termination or downgrade. This information can not be recovered once your subscription is terminated or downgraded.
SensioLabs may, at its sole discretion, grant discounts via the use of coupon codes ("Coupons") or free trial periods of Paying Plans to valid User Accounts. You understand and agree that SensioLabs may, at its sole discretion, interrupt or cancel any of these promotional operations with no further claim from you.
You understand and agree that SensioLabs may, at its sole discretion, change Plans prices or access to features, upon 30 days notice. SensioLabs will notify you of such changes via your Account's e-mail address, and may additionally communicate on such changes via the Blackfire.io website or Service. Any such price or access modification will be effective by the end of the running Paying Plan subscription Period.
Integration Partner Plans features, Content and Content storage capacities may differ from those available in Plans available on the Website.
The Integration Partner is solely responsible for defining and charging any fee related to the usage of the Service within its offerings.
Any billing issue related to Integration Partner Plans should be addressed to the Partner's support management service.
Add-Ons are not mandatory for the usage of Profiler, Premium and Enterprise plans. A Paying Plan is mandatory to be able to subscribe to an Add-On.
It is possible to subscribe to an Add-On at the same time than a Paying Plan, or during a Paying Plan's subscription Period. The subscription to an Add-On is applicable immediately. Any Add-On subscription fee happening during a Paying Plan subscription Period will be prorated for the time remaining in the current Period.
Add-On subscription cancellation is applicable at the end of the current Period. It is possible to cancel the subscription to an Add-On, while renewing a Paying Plan subscription.
You understand and agree that SensioLabs may not be held responsible for any direct or indirect damage, cost of procurement of extra or substitute products or services incurred by 1) the access to, or impossibility to access to the Service; 2) the use of, or impossible use of the Software; 3) the availability, or unavailability of the Service.
You understand and agree that SensioLabs does not guarantee that 1) the Service will meet your specific needs, requirements and expectations; 2) the Service will provide access to error-free and perfectly accurate data; 3) the transmission of data from your servers or local machine will ensure a complete delivery 4) any issue or flaw detected in the Service will be corrected.
You represent that you shall hold harmless (including reasonable attorneys' fees) SensioLabs, their affiliated companies, their principals, agents, administrators, and employees from and against any claim by any third party arising out of or connected with the use of the Service, and more generally, the violation of applicable law.
SensioLabs will not be liable for any damages arising under the use of the Service if the Software is installed on a production server.
The liability of SensioLabs is expressly limited to the amount you paid for using the Service during the last twelve (12) months.
The Terms may be terminated by a Party for cause immediately if (a) the other Party ceases to do business, or otherwise terminates its business operations; or (b) the other Party materially breaches any material provision of the Terms and fails to cure such breach within thirty (30) days of written notice describing the breach.
Upon termination of the Terms, regardless of the reason, you shall not be able to access the Service and your Account shall be deleted, along with your data and Content.
Neither Party shall be liable to the other Party for any failure or delay in performance caused by reasons beyond their reasonable control to the extent the occurrence is caused by fires, floods, epidemics, famines, earthquakes, hurricanes and other natural disasters, regulation or acts of any civilian or military authority or act of any self-regulatory authority, wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts of third parties.
All notifications within the context of the Service must be sent to the addresses specified in the Terms, or by any means that shall prove reception of the notification.
No waiver by SensioLabs of any default or provision hereof shall be deemed a waiver of any subsequent default or provision.
The T&C are governed by French law.
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE PARIS COURTS SHALL HAVE JURISDICTION OVER ALL DISPUTES ARISING OUT OF THE VALIDITY, INTERPRETATION, EXECUTION AND/OR BREACH OF THE T&C AND OF THE SERVICE, REGARDLESS OF PLURALITY OF DEFENDANTS OR INDEMNIFICATION PROVISIONS.