Terms of Service
Last updated: Sep 1, 2015.
Welcome to Plumbr (“Plumbr”, “we”, “our” or “us”)! Please read these Terms of Service carefully before creating a Plumbr account or using our services. They contain the legal terms and conditions that govern your use of and access to plumbr.io and any related sites (the “Site”) and our Java Performance Monitoring Service, Software, related documentation and web site content (collectively the “Services”).
By using the Services, completing the registration process, and/or browsing the plumbr.io web site or downloading any software from our website, you represent that (1) you have read, understand, and agree to be bound by the Terms of Service, (2) you are of legal age to form a binding contract with Plumbr, and (3) you have the authority to enter into the Terms of Service personally or on behalf of the company or other organization you have named as the user, and to bind that entity to these Terms of Service. In the event you are agreeing to these Terms of Service on behalf of a company or organization, “you” and “your” will refer to the entity you are representing.
1. PLUMBR SERVICES AND SUPPORT
1.1 Subject to these Terms, Plumbr will use commercially reasonable efforts to provide you the Services.
1.2 Plumbr may choose to modify or discontinue the Services, including any portions of the Services as we update our offerings. We may stop, suspend, or modify the Services at any time without prior notice to you.
1.3 Plumbr will provide you with reasonable technical support services (“Technical Support”). Plumbr will provide Technical Support to you via electronic mail on weekdays during the hours of 9:00 am through 5:00 pm Eastern European time, with the exclusion of the following dates of the year: 1st of January, 24th of February, 1st of May, 23rd-24th of June, 20th of August, 24th-26th of December (“Business Hours”).
1.4 You may initiate a Technical Support ticket at any time by emailing email@example.com.
1.5 Plumbr will use commercially reasonable efforts to respond to all Technical Support tickets within a reasonable time frame. If you buy an Expedited Service add-on, Plumbr will guarantee a response within 24 hours during the Business Hours. In order to use expedited support, Plumbr will assign you a dedicated e-mail address.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services or any Software (except to the extent expressly permitted by Plumbr or authorized within the Services); use the Services or any Software for the benefit of a third party; or remove any proprietary notices or labels.
2.2 With respect to any Software that is distributed or provided to you for use on your premises or devices, Plumbr hereby grants you a non-exclusive, non-transferable, non-sublicensable license to use such Software during the Term only in connection with the Services.
2.3 You understand that Plumbr Services are evolving. As a result, Plumbr may require you to accept updates to Software that you have installed on your computer or mobile device. You acknowledge and agree that Plumbr may update its Services with or without notifying you. You may need to update third-party software from time to time in order to use Plumbr Services.
2.4 You represent, covenant, and warrant that you will use the Services only in compliance with Plumbr’s standard published policies then in effect and all applicable laws and regulations. You agree not to create an account using a false identity or information.
2.5 You hereby agree to indemnify and hold harmless Plumbr against any damages, losses, liabilities, settlements and expenses (including without limitation costs and attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise from your use of Services. Although Plumbr has no obligation to monitor your use of the Services, Plumbr may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing.
2.6 You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
2.7 Some Third Party Software may be included in the Software. If Third Party Software is included in the Software, it may be subject to other terms and conditions. These terms and conditions are available in separate license files embedded in the Software or directly from the vendors of the corresponding Third Party Software.
3. CONFIDENTIALITY; PROPRIETARY RIGHTS; PRIVACY
3.1 Use of the Services may depend on your transmission of certain data (your “Data”). You shall own all right, title and interest in and to your data (“Data”). Plumbr shall own and retain all right, title and interest in and to (a) the Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Support, and (c) all intellectual property rights related to any of the foregoing.
3.2 Notwithstanding anything to the contrary, Plumbr shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Data and data derived therefrom), and Plumbr will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Plumbr offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
3.2 You represent and warrant that you have the necessary rights and licenses required to provide your Data to Plumbr in connection with your use of the Services and that by providing your Data in this manner, you will not violate any intellectual property rights of third parties, confidential relationships, contractual obligations or laws. Without limiting the generality of the foregoing, you shall provide all notices to, and obtain any consents from, any data subject as required by any applicable law, rule or regulation in connection with the processing of any personally identifiable information of such data subjects via the Services by Plumbr and/or you. You shall be solely responsible for ensuring that any processing of Data by Plumbr and/or you via the Services does not violate any applicable laws. You shall not process or submit to the Services any Data that includes any: (i) “personal health information,” as defined under the Health Insurance Portability and Accountability Act, unless it enters into a separate agreement with Plumbr relating to the processing of such data; (ii) government issued identification numbers, including Social Security numbers, driver’s license numbers and other state-issued identification numbers; (iii) financial account information, including bank account numbers; (iv) payment card data, including credit card or debit card numbers; or (iv) “sensitive” personal data, as defined under Directive 95/46/EC of the European Parliament (“EU Directive”) and any national laws adopted pursuant to the EU Directive, about residents of Switzerland and any member country of the European Union, including racial or ethnic origin, political opinions, religious beliefs, trade union membership, physical or mental health or condition, sexual life, or the commission or alleged commission any crime or offense.
4. PAYMENT OF FEES
4.1 You will pay Plumbr all the fees specified in your ordering or purchasing documents (“Order Form”), which may include but are not limited to an order form, email authorization or order submitted via our website (the “Fees”). If your use of the Services exceeds the service capacity set forth on the Order Form or otherwise requires the payment of additional fees, you shall be billed for such usage and you agree to pay the additional fees.
4.2 If your account is set to auto renewal, Plumbr may automatically charge you at the end of the term for the renewal for additional periods equal to the current services and expiring term, unless either party gives notice of non-renewal at least thirty (30) days prior to expiration of the then-current term. The fees for any such renewal term shall be the same as that during the prior term unless Plumbr has given you notice of a fee change, in which case the fee change shall be effective upon renewal and thereafter.
4.3 If you believe that Plumbr has billed you incorrectly, you must contact Plumbr no later than 7 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Plumbr customer support department.
4.4 Plumbr may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Plumbr thirty (30) days after the mailing date of the invoice. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service. You shall be responsible for all taxes. Plumbr will charge tax when required to do so.
5. TERM AND TERMINATION
5.1 The term of this Agreement shall remain in effect for the period specified in the Order Form unless it is (1) renewed for additional periods in accordance with Section 4.2 above; or (2) terminated earlier pursuant to this section.
5.2 In addition to any other remedies it may have, either party may terminate this Agreement upon thirty (30) days’ notice (or without notice in the case of nonpayment), if the other party materially breaches any of the terms or conditions of this Agreement. You will pay in full for the Services up to and including the last day on which the Services are provided. Upon any termination, Plumbr will make all your Data available to you for electronic retrieval for a period of fourteen (14) days, but thereafter Plumbr may, but is not obligated to, delete stored Data. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
6. WARRANTY AND DISCLAIMER
Plumbr shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Plumbr or by third-party providers, or because of other causes beyond Plumbr’s reasonable control, but Plumbr shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. However, Plumbr does not warrant that the Services will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of the Services.EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
7. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, PLUMBR AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO PLUMBR FOR THE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT PLUMBR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.1 If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Plumbr’s prior written consent. Plumbr may transfer and assign any of its rights and obligations under this Agreement without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Plumbr in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees.
8.2 The communications between you and Plumbr use electronic means, whether you visit the Plumbr web site, use our Software or Services or send us e-mails, or whether we post notices on the Plumbr web site, our Software or Services or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. Your consent in this section does not affect your statutory rights.
8.3 Where Plumbr requires that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
8.4 You agree to be identified as a customer of Plumbr and that Plumbr may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in our marketing materials, on our web site, in public or legal documents. You hereby grant us an irrevocable, perpetual, worldwide, royalty-free, and non-exclusive license to use your name and any of your trade names and trademarks solely pursuant to this marketing section.
8.5 This Agreement shall be governed by the laws of Estonia without regard to its conflict of law’s provisions.
8.6 We may update these Terms from time to time. The most current version of these Terms will be posted on the plumbr.io website. We will also update the “Last Updated” date at the top of the Terms of Service. Any changes to the Terms will be effective immediately for new users of the Services and, for all other users, any changes to the Terms will be effective thirty (30) days after posting notice of such changes on the plumbr.io website. We may also inform you of updates to the Terms in our blogs. We may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). Please check the plumbr.io website regularly to view our then-current Terms.
For exceptions or modifications to these Terms, please contact Plumbr at:
Address: 2a Ülikooli, 51003 Tartu, Estonia
Last updated: Feb 4, 2019.
We, OÜ Plumbr, an Estonian private limited company with registration number 12180740, located at Ülikooli 2a, Tartu, Estonia, are providing a web application monitoring software via our platform www.plumbr.io.
As part of offering our services, Plumbr may collect and process various types of personal data. Plumbr services are intended for business clients and therefore personal data collected and processed by Plumbr mainly relates to customers of Plumbr clients and Plumbr client representatives.
By default, Plumbr does not collect identifiable personal data about end users and personal data is not generally needed for the provision of Plumbr services to the client. However, the client can opt for identifying end users in order to get more value out of using Plumbr. In the event the client requires Plumbr to process end users` identifiable personal data, Plumbr is conducting processing activities on behalf of the client and the client confirms that it has received all necessary consents from the end users for processing their personal data.
If the client or the legal person represented does not agree with any or all terms of this policy or any possible changes to it, then the person should immediately close the website and cease using the services provided by Plumbr.
1. Personal data being collected and legal ground
Categories of personal data
Under terms of service entered into with the legal person for the provision of service
Full name (surname and given name), contact details, job title, purchase details, client’s correspondence with Plumbr, inquiries submitted via the website, via e-mail, client’s activity logs.
For the fulfillment of legal obligations to which Plumbr are subject to;
Account number (IBAN), account holder name, bank name; transaction details.
Upon legitimate interest pursued by Plumbr
Technical parameters of the client’s device (operating system, browser, internet speed during interaction), activities on the website, activities when using Plumbr software.
Under explicit consent granted by the client, if client has requested to receive Plumbr newsletter by e-mail
2. Purposes for collecting and processing personal data
Personal data collected by Plumbr is processed for the purposes established in the law or as described herein, including but not limited for the following purposes:
- To provide our services and features (i.e. for the performance of service agreement);
- To manage, analyse and improve our services and features;
- To provide service-related announcements from time to time;
- To personalize our service and the content provided to the client;
- To contact the client for administrative purposes such as customer service, address technical or legal issues related to the service provided, or share updates and notifications about the services;
to ensure that content from our website is presented in the most effective manner;
- For marketing purposes, incl. to provide information concerning our products or services that the client has requested from us or which we feel may interest the client by email unless the client has opted out of receiving this information.
Plumbr shall not use client’s personal data for any other purpose incompatible with the purposes outlined above or required, permitted or authorized by law.
3. Transfer of the personal data
Plumbr may transfer client’s personal data to third parties, such as legal and regulatory authorities (e.g. commercial register), accountants, auditors, lawyers and other outside professional advisors, and to companies that provide services to Plumbr (such as IT systems suppliers and support; cloud service provider, e-mail marketing provider, customer support provider, work management platform provider or other outsourcing providers). Plumbr has taken steps to ensure that these data recipients protect the confidentiality and security of personal data, and to ensure that personal data is processed only for the provision of services and in compliance with applicable law.
Such third parties may be located in countries outside of the European Economic Area (“EEA”) whose privacy regulations may differ and which are not subject to adequacy decisions of the European Commission. In those countries the security of the personal data (inc. protection against misuse, unauthorized access, disclosure, alteration or destruction) may not be ensured as it is secured in the European Union, due to the lack of adequate data protection level.
When transferring collected personal data outside of the EEA, Plumbr shall ensure the application of the appropriate safeguards. If the client wishes to receive a copy, please contact us as instructed below.
Plumbr will take appropriate legal, organisational, and technical measures to protect personal data consistent with applicable privacy and data security laws. Security measures shall be applied in order to protect personal data from involuntary or unauthorized processing, disclosure or destruction. Recipients have been made aware that personal data may only be used in accordance with the purposes described in this notice.
Client’s personal data is only accessible to authorized persons, who are bound by confidentiality obligations.
5. Integrity and retention of the personal data
Plumbr will retain personal data for the period required or permitted by applicable law, but no longer than it is reasonably necessary in order to achieve the purposes for which the personal data was collected.
Plumbr takes reasonable steps to ensure that the personal data we process is reliable for its intended use, accurate, and complete as necessary to carry out the purposes described herein.
6. Client’s rights in regarding to the collection of personal data
Client has the right to:
- Request access and/or corrections to personal data collected about him;
- Have the personal data erased, removed and/or transferred from our active files in line with provisions of applicable regulations;
- Request restriction of processing of his personal data or to object to such processing;
- Receive the personal data concerning him in a structured, commonly used and machine-readable format where technically feasible;
- Raise concerns about the handling of his personal data to us;
- Withdraw consent for the processing of Personal Data, where the Personal Data is being processed on the basis of the consent, without affecting the lawfulness of the processing before the withdrawal.
In order to exercise any rights referred herein the client is required to submit a written application to Plumbr. Plumbr has the right to decline such application by justifying the reasons for the refusal.
If the client considers that his rights have been infringed, the client is entitled to lodge a complaint with the Estonian Data Protection Inspectorate.
The collection of certain personal data referred herein may be required under the law and/or inevitably necessary for the provision of service to the client. Failure to provide data may result in adverse consequences, such as, our inability to comply with our obligations under law. The client is welcome to ask clarifications regarding the obligation to submit any specific personal data and also about possible consequences arising from the failure to provide such the personal data.
7. Cookies and tracking technologies
Plumbr is using automatically collected information and other information collected within its website through cookies and similar technologies for the following purposes:
- Personalize our service, help remember client’s choices within the website (such as language preferences), understand and save client’s preferences for future visits;
- Provide customized advertisements, content and information;
- Monitor and analyse the effectiveness of service;
- Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future.
Cookies are small text files that a website or its service provider transfers to client’s computer hard drive through website browser (if client allows) that enables the website’s or service provider’s systems to recognize client’s browser and capture and remember certain information.
Within the website first-party and third-party cookies are in use.
Plumbr may use third-party analytics tools (such as Google Analytics), to help us measure traffic and usage trends for the Plumbr service. Web analytic service providers analyse the usage of the Plumbr website and services so that Plumbr could improve and amend our website/app and function thereof.
The client can delete or block cookies through his/her browser settings at any time. However, some cookies might be necessary for the functionality of the Plumbr services and usage of the website. Therefore, the client understands that when blocking or deleting the cookies some features within the website might not function correctly. For more general information about cookies please see www.allaboutcookies.org.
8. Contact Information
Should the client have any questions regarding this policy or processing of personal data, they are encouraged to contact Plumbr with all such requests, inquiries or any complaints via e-mail: firstname.lastname@example.org.