Terms of Use

Last Updated: January 25th, 2018

I. Terms of Use

I. A. Scope

These Terms of Use (herein referred as "Terms") apply to the Blackfire service ("Service") provided by Blackfire SAS (a company registered in France under company number RCS Nanterre 834 640 237) whose registered office is located at 92 boulevard Victor Hugo, 92110 Clichy, FRANCE (herein referred as "Blackfire", "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:

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

Subscribing to one of the paid Blackfire.io plan may require the User to approve additional Terms.

I. B. 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 Agreement 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.

I. C. Privacy Policy

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

II. Service

II. A. User Account

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 Blackfire 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 Blackfire 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 Blackfire 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.

II. B. Use of the service

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, 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 or your jurisdiction's law.

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 can 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 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.

Blackfire 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.

II. D. Third-party technology

The Service may contain links or integrations with Third Party content, products and services, as a convenience. Blackfire does not endorse and cannot 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 will be handled as per the Third Party's terms and conditions, and privacy policy. Blackfire may 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 will be notified 30 days in advance.

II. F. Support

Support is available 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 will be managed only via Blackfire 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 cannot 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 provides ways to share your feedback and ideas ("Feedback") 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 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 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.

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 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.

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 ("Blackfire Properties"), belong without any limitation to Blackfire or their partners.

You are therefore not entitled to use the Blackfire Properties for any other purposes than the provision of the Service, or without Blackfire prior written consent.

You hereby acknowledge that Blackfire 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 Blackfire’ 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 Blackfire Properties; 4) frame or utilize framing techniques on the Blackfire Properties; 5) 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 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.

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.io Terms of Subscription, which depend on your billing country. When billed to an address in the United States of America, Canada or Australia, you will need to approve and agree with the Blackfire.io Terms of Subscription provided by Blackfireio Inc. <requires full address>. When billed to an address in any other country than the United States of America, Canada or Australia, you will need to approve and agree with the Blackfire.io Terms of Subscription provided by Blackfire SAS (a company registered in France under company number RCS Nanterre 834 640 237) whose registered office is located at 92 boulevard Victor Hugo, 92110 Clichy, FRANCE.

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

V. Liabilities, Disclaimer and Warranties

You understand and agree that Blackfire 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 Blackfire 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) 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.

Blackfire 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 Blackfire is expressly limited to the amount you paid for using the Service during the last twelve (12) months.

VI. Termination

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.

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

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 Blackfire of any default or provision hereof shall be deemed a waiver of any subsequent default or provision.

IX. Governing Law

The Terms are governed by French law.