Terms of Use

Last Updated: August 23rd, 2018

I. Presentation of Blackfire Terms of Use

I. A. Definitions

The words beginning with a capital letter in the Terms of Use shall have the following meanings:

"Account" means a valid account giving access to the Service;

"Blackfire" or "We" or "Us" mean(s) Blackfire SAS, a French company registered with the Nanterre Trade and Companies Register under the number 834 640 237, whose registered office is located at 92 boulevard Victor Hugo, 92110 Clichy, FRANCE;

"Content" means data collected and aggregated from Users' servers or local machines by our Software to our Website, or directly uploaded by Users, excluding personal data;

"Documentation" means Blackfire's standard user manuals and/or related documentation of the Service made available to Users;

"Hack Plan" means the free plan offering basic functionalities of the Service;

"Party" or "Parties" mean individually Blackfire or the User and collectively Blackfire and the User;

"Paying Plan(s)" means(s) the paying option(s) offered by Blackfire to Users to subscribe to the Service and as described on the Website;

"Service" or "Blackfire Service" means the performance management solution for PHP offered by Blackfire allowing Users to test, set and reach performance expectations for their applications;

"Subscription" means the legally binding agreement between Users and Blackfire to access the Service, including the creation of an Account and, if applicable, a Paying Plan' selection;

"Software" mean a program executed on a terminal;

"Support" means Blackfire's assistance to Users pertaining to the Service. The Support may differ depending on the applicable plan;

"Terms of Use" mean Blackfire Service's terms and conditions of use;

"Third-Party" means any third-party not involved in the Service;

"User" or "You" means the person using the Service;

"Website" means Blackfire's website accessible at https://blackfire.io.

I. B. Scope of the Terms of Use

The Terms of Use apply to any use of Blackfire Service and shall prevail over all contractual documents issued by User.

The Service must be used for professional purposes only.

Access to the Service requires at any time to:

  1. Have read, understood, and agreed to the Terms of Use; and
  2. Hold a valid Account.

Subscribing to one of the Paying Plans shall require the User to approve additional Terms of Subscription.

I. C. Updates of the Terms

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 Terms of Use is available at https://blackfire.io/terms-of-use. 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 of Use.

I. D. Privacy Policy

Any personal information that You provide to us is handled as per our Privacy Policy: https://blackfire.io/privacy

II. Access to the Service

II. A. User Account

An Account may be created with SymfonyConnect, Github or Google's services and is mandatory to use the Service. In order to access and use the Service, Users must be legally able to enter into a contract and must comply with French law.

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. 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 the Terms of Use.

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 the Terms of Use may result in Blackfire deleting the Account and all related Content, at the sole discretion of Blackfire and may result in You, or the entity You are representing, being banned from any further use of Blackfire services and products.

You may at any time decide to delete your Account. You understand and agree that this action may only be performed by You, and that Blackfire employees shall 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 shall 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 immediate deletion of any related Content after the receipt of your request, and cancellation of any Subscription without any right or acceptable claim of refund for any previously paid Subscription.

II. B. Use of the Service

Users must use the Service in accordance with the Terms of Use.

The Service may be accessed through the Website, our Agents, Probe, Browser Extension, CLI utility and other Software and Documentation.

Blackfire grants to Users a non-exclusive right to access and use the Service in accordance with the Terms of Use.

Using the Service may require the installation of Software elements, on your local machine, servers, or Internet Browser. All costs necessary for the equipment and connection of Users to the internet and their access to and use of the Service are their sole responsibility.

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, Blackfire may recommend specific configurations. Should You choose not to follow recommendations made for specific configurations by Blackfire, 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.

Blackfire undertakes to not use the Content for any purpose other than for providing the Service.

User acknowledges having verified the suitability of the Service to its needs and having received all the information and advice necessary for subscribing to the Service and having been fully informed by Blackfire of the extent of contractual obligations under the Terms of Use.

II. C. Availability of the Service

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 You are solely responsible of making sure that You may access the Service from your geographic area. Blackfire may not be held responsible for any Internet connection outage resulting in a Service disruption, Content loss or degradation.

The Service is only available 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.

Blackfire may occasionally offer to Users to experiment 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.

II. D. Third-Party's technology

The Service may contain links or integrations with Third-Party content, products and services, as a convenience. Blackfire does not endorse and shall 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.

You understand and agree that any integration You configure with a Third-Party product or service may result in the transmission of your data or Content to the Third-Party systems, and that these data and Content shall be handled as per the Third-Party's terms and conditions, and privacy policy. Blackfire shall not be held responsible for any damage, data and Content loss or degradation, copyright infringement occurring when using the data and Content in a Third-Party product or service.

II. E. Data and Content stored in Ireland

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 shall be notified thirty (30) days in advance.

II. F. Support

Support is available during business days (during Monday to Friday between 09:00 a.m. – 06:00 p.m. Paris (France) local time) in English, via e-mail at support@blackfire.io or the Website's built-in support features. As a convenience and depending on the available Blackfire staff, Support communication may be held in French.

Support cases shall be managed only via Blackfire' support management tool. You understand and agree that We may handle only Support cases described with enough context, and that those have to be related to the Service, Account, Subscriptions or be questions about the Terms of Use.

You understand and agree that Hack Plan may, or may not, benefit from the Support at our sole discretion, and that priority shall be given to Support cases issued by Paying Plan's Users. We shall not be held accountable for any unresolved Support case and may decide to consider a Support case as resolved at our sole discretion.

II. G. Feedback

The Service and Support provide ways to share your feedback and ideas with Blackfire. 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 Blackfire who may commercially or non-commercially exploit in any manner, any and all feedback, without any further claim from you.

III. Intellectual property

III. A. Content

Using the Service requires your transmission of your Content. You retain full ownership and intellectual property of your Content.

You guarantee that your Content does not include personal data and 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 Blackfire and its employees have the right, at their sole discretion, to refuse or erase any such Content.

Blackfire does not provide any guarantee as of the accuracy, integrity or quality of the Content.

Users are fully and solely responsible for the Content downloaded, stored or posted through the Service. They are informed that the use of the Service does not exempt them from making such back-up copies.

Users grant to Blackfire a non-exclusive right to use their Content in order to operate and feed the Service and to store their Content.

With respect to the Content, Users undertake to comply with all legal and regulatory requirements, in particular those relating to personal data, including filing any declaration required by the local data protection authority.

Users undertake to respect and ensure the respect the rights of Third-Parties, including personality rights, intellectual or industrial property rights such as copyrights, patent rights, designs and trademarks.

III. B. Public Sharing 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 share your Content Publicly, publish the related unique URL giving read access to your Content and cease sharing your Content to disable anybody to access to it.

III. C. Blackfire intellectual property rights

All intellectual property rights related to the Service, including but not limited to the Website, the Software, Documentation, trademarks, texts, graphics and images, belong without any limitation to Blackfire or their partners.

You are therefore not entitled to use any attribution or elements of the Service belonging to Blackfire, such as the Software, the Documentation, trademarks, texts, graphics, etc. for any other purposes than the use of the Service, or without Blackfire prior written consent.

You hereby acknowledge that Blackfire is the sole owner of its 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 Blackfire's intellectual property or any of the attached rights.

You are not permitted to use any device, Software or routine that could interfere with, or disrupt, the Service, sublicense, resell, copy, modify or host the Service, attempt to reverse engineer, decipher, decompile or disassemble any of Blackfire's technologies and properties, frame or utilize framing techniques on Blackfire's technologies and properties and use the Service's APIs for any application that replicates or attempts to replicate part or whole of the Service.

III. D. Statistics and Researches

Blackfire may anonymize your Content and then process it for statistic and research purposes.

IV. Financial Terms and Conditions

The Service is provided in full or in part, according to the plan subscribed by the User with the Account.

By creating an Account You automatically subscribe to the Hack Plan.

Paying Plans may grant access to additional features, Content and Content storage capacities, Support priority level or any other Service capacity.

When subscribing to a Paying Plan, and for the complete duration of your Paying Plan Subscription, You must approve and agree with the additional Blackfire's terms of Subscription, which depend on your billing country.

When billed to an address in:

  • the United States of America, You need to approve and agree with the terms of Subscription provided by Blackfireio Inc. 77 Van Ness Ave Ste 101, #1170, San Francisco 94102 (USA);

  • any other country than the United States of America, You need to approve and agree with the terms of Subscription provided by Blackfire SAS a French company registered with the Nanterre Trade and Companies Register under the number 834 640 237, whose registered office is located at 92 boulevard Victor Hugo, 92110 Clichy, FRANCE.

In the event of any contradiction between the Terms of Use and the additional Blackfire's terms of Subscription, the latter shall prevail.

Subscribing only to the Hack Plan does not require You to approve and agree with the additional Terms of Subscription.

V. Liabilities, Disclaimer and Warranties

Blackfire provides the Service without warranty.

The Service shall never replace the security functions and the obligations of Users related to security.

Subject to Subscription to the Service concerned, Blackfire's assistance is provided only for the use of the Service. The information provided by Blackfire does not constitute advice, whether commercial, financial, legal or otherwise.

Blackfire does not warrant that the Service shall enable Users to achieve the desired results or achieve desired objectives. More generally, Blackfire does not warrant that Subscription to the Service and shall improve the performance of Users' business.

You understand and agree that Blackfire shall not be held responsible for any direct or indirect damage, cost of procurement of extra or substitute products or services incurred by the access to, or impossibility to access to the Service, the use of, or impossible use of the Software and the availability, or unavailability of the Service.

Blackfire reserves the right to temporarily interrupt access to the Service to carry out technical maintenance or improvements to the Service. No temporary interruption of the Service shall give rise to any payment of compensation to Users.

You understand and agree that Blackfire does not warrant that the Service shall meet your specific needs, requirements and expectations, the Service shall provide access to error-free and perfectly accurate data, the transmission of data from your servers or local machine shall ensure a complete delivery and any issue or flaw detected in the Service shall be corrected.

You represent that You shall hold harmless (including reasonable attorneys' fees) Blackfire, 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.

You act as an independent entity and, therefore, are responsible for all risks of your business. You are solely responsible for the Subscription, information on the Content and files sent, distributed or collected, as well as for their operation and updating.

To use and improve the Service, Blackfire may recommend technical requirements or certain configurations. Users are responsible for following these technical requirements or recommendations. Users are solely responsible for the use and implementation of means to ensure the security, protection and backup of their equipment, their Content and Software. As such, Users undertake to take all appropriate measures to protect their Content. Users undertake not to commit any act which could jeopardize the security of the Service.

Blackfire shall not be liable for any damages arising out of the use of the Service if the Software is installed on a production server. Blackfire may only be held liable for the damage it has has directly and exclusively caused, without any joint nor several liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLACKFIRE SERVICE (INCLUDING FOR THE HACK PLAN) IS PROVIDED AND LICENSED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLACKFIRE DOES NOT WARRANT THAT THE USE OF THE SERVICE SHALL BE UNINTERRUPTED OR ERROR-FREE.

In any case, the liability of Blackfire is expressly limited to the amount You paid for using the Service during the last twelve (12) months.

VI. Termination

The Terms of Use 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 of Use or the terms of Subscription and fails to cure such breach within thirty (30) days of written notice describing the breach.

Upon termination of the Terms of Use, 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.

VII. Force Majeure

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.

VIII. Miscellaneous

Notification. All notifications within the context of the Service must be sent to the addresses specified in the Terms of Use, or by any means that shall prove reception of the notification.

Severability, Waiver, Disability. The Terms of Use and the Privacy Policy constitute the entire agreement between Users and Blackfire regarding the Service. No waiver by Blackfire of any default or provision hereof shall be deemed a waiver of any subsequent default or provision. If one or more clauses of the Terms of Use are declared invalid, the rest of the clauses shall retain their full force and effect. In this case, the Parties shall, if possible, replace the canceled clause with a valid clause in line with the spirit and purpose of the Terms of Use.

Right of withdrawal. In accordance with the French Consumer Code, the right of withdrawal is not applicable to the Services provided by Blackfire insofar as they are exclusively intended for professional Users and are part of their commercial activity.

Relationship between the Parties. Under no circumstances shall the Terms of Use be considered as establishing a de facto or joint-stock company between the Parties or any other situation entailing any mutual or joint representation between them with regard to third parties. The Terms of Use shall not create any relationship of subordination between the Parties.

Intuitu personae. Users are strictly prohibited from assigning all or part of their rights and obligations under the Terms of Use.

IX. Governing Law

The Terms of Use 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 TERMS OF USE AND OF THE SERVICE, REGARDLESS OF PLURALITY OF DEFENDANTS OR INDEMNIFICATION PROVISIONS.