1. You agree and represent to Raygun that:

a. if You are an individual, You are 18 years of age or older,  and are a human, and not a computer service or automated “bot”;

b. if You are an entity, You are authorized to use the Service and agree to these Terms of Service;

c. You have provided accurate and valid information at the time requested during the registration process.

2. As a condition to access to the Service, when You access or use the Service, You agree that:

a. You will use the Service only for lawful purposes. You must not use the Service to violate any laws in Your jurisdiction, including but not limited to any copyright laws.

b. You will not violate, or attempt to violate, the security of the Service.

c. You will not create, transmit, distribute, or store material that violates a trademark, copyright, trade secret, or other intellectual property rights of others; violates the privacy, publicity, or other personal rights of others; impair the privacy of communications; generate obscene, offensive, or inappropriate content; causes technical disturbances to the Service, including, but not limited to, introduction of viruses, worms, or other destructive mechanisms; create a deceitful website to imply association with Raygun or the Service; create or send verbal, physical, written or other abuse (including threats of abuse or retribution) to any Raygun customer, employee, member, or officer.

d. You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Raygun.

3. You understand that Raygun uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and other technology required to run the Service. If Your bandwidth usage on the Service significantly exceeds the average bandwidth usage of the Service, as reasonably determined by Raygun, we reserve the right to limit Your bandwidth to the Service.

4. You understand that excessive usage of the Service in relation to Your current plan limits will result in Raygun charging You based on Your usage and/or requesting You upgrade to a higher plan. Excessive usage can result in account suspension.

5. You understand that Raygun reserves the right to implement fair use rate limiting based on Your volume of data.

6. You consent to Raygun (including its affiliates and employees) accessing Your account information (which may include personal information) to provide necessary support and administration services in connection with the Service.

7. In support of our goal to deliver exceptional service and functionality, we may incorporate artificial intelligence services, including but not limited to those provided by OpenAI (“AI Services”), as an integral part of the Service. Where Raygun leverages third party AI capability, these features will only be available to you once You opt-in and not on by default. By agreeing to these Terms of Service, and should you choose to leverage our AI features, You acknowledge and consent to our use of AI Services to generate content, or perform other functions, as part of the Service. You warrant that You have all rights, licenses, and permissions required for us to input Your data (including any personal information) into AI Services for the purpose of providing You the Service. You acknowledge that AI-generated output and interactions are automated and may not always reflect the intentions or guidelines of Raygun. Where we incorporate AI Services in the Service, we will do so in accordance with the applicable AI Service’s terms of use. However, we do not evaluate or review the AI-generated output provided to You under the Service. You are solely responsible for Your use of the output and evaluating the output for accuracy and appropriateness for Your use case.

8. To the maximum extent permitted by law, where we use AI Services in the Service, we do not provide any additional warranty as to accuracy, suitability, or fitness for purpose of the output provided to You under the Service.

9. Your use of our Service, including integrated AI Services, will need to comply with applicable laws, ethical guidelines, and the privacy and data usage policies associated with such AI Services. For more information, please review OpenAI's Terms of Service.

1. A valid credit card is required for paying accounts. If You are a US based customer, You may be directed to pay Raygun Incorporated and payment to Raygun Incorporated will satisfy Your obligation to pay us.
2. Payments are denominated in U.S. dollars.
3. The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, on-demand events or refunds for months unused with an open account.
4. Should You choose to subscribe for an annual plan with monthly payments, You agree that You will pay the monthly amount for each of the 12 months, even if You cancel during Your annual plan.
5. The Service is a subscription and will automatically renew each month or year depending on the billing frequency chosen.
6. Cancellations for annual plans (including annual plans paid for monthly) must be submitted 30 days in advance of Your billing anniversary.
7. When You alter Your plan–including adding, changing, or upgrading products–we will charge Your credit card immediately for the new plan rate, including any on-demand already incurred to date. This will start a new billing cycle and set a new renewal date for Your subscription.
8. The free trial will begin the day the account is opened and we will cease processing data at the end of 14 days.
9. In order to continue using the Service after the free trial, a valid credit card must be added to Your account via the My settings > Plan screen.
10. You agree that Raygun is unable to control the amount of events that You send to the Service. If You are on a plan level that is insufficient for Your data volumes, You give Raygun the right to charge You based on Your actual usage. For plans with usage limits, You give Raygun the right to enforce and stop processing data on Your behalf. If You choose to downgrade Your account, we are not liable for the resulting loss of content, features, or capacity. The downgrade will take effect at the end of Your contract term.
11. We will delete all of Your content upon cancellation and we will not be able to recover this information once deleted. We are not liable for any loss resulting from cancellation.

1. Accounts can be canceled at any time by submitting a cancellation request under Your plan settings in the Raygun application, and Raygun accepting that application. A request to Raygun to cancel Your account does not constitute a cancellation until confirmed by Raygun. Raygun is not responsible for additional charges that may occur from additional service provided before Your cancellation (i.e., billing anniversary) takes effect and Raygun is not responsible for additional charges that may occur if You do not cancel Your account properly.
2. If You cancel Your account prior to the start of the next billing period (including no less than 30 days prior to an annual billing anniversary), You will not be charged for a subsequent term. You may still incur on-demand charges if You exceed Your reserved events prior to the date Your cancellation comes into effect (i.e., the end of Your term). If You cancel after Your billing anniversary (i.e., the payment has been taken or was due to be taken) no refunds or partial refunds for the Service will be given for that billing period.
3. We do not offer partial refunds for annual plans canceled prior to renewal date. Annual pay monthly plans will continue to be payable up until the next annual subscription anniversary.
4. In the event that Raygun is unable to collect payment from the card attached to Your account, Raygun will automatically retry the card for 14 consecutive days. If payment is not received within 14 days, Raygun reserves the right to immediately terminate Your account on day 14 of non-payment. If You have on-demand owing on Your account, You will be contacted by Raygun to arrange payment, either via credit card or invoice, payable immediately.
5. If You fail to make any payment on the relevant due date, then interest at the rate of 1.5% per calendar month or part thereof, or the highest rate permitted by law, whichever is lower, will accrue on the amount unpaid calculated from the due date until the date payment is actually made.

1. Raygun reserves the right to modify or remove parts of the Service at any time. Raygun will introduce improvements and new features from time to time into the Service, some of which will be made immediately available at no cost to You.
2. Prices for all paid plans of the Service, including but not limited to monthly subscription plan fees, are subject to change upon 7 days’ notice from Raygun. Such notice may be provided by posting the changes to the Site or the Service itself.
3. Raygun shall not be liable to You, or to any third party, for any modification, price change, suspension or discontinuance of the Service.

1. You acknowledge that the Service is licensed to You and that Raygun or its licensors retains ownership of all right, title and interest to the Service, the Service design and documentation, and the intellectual property rights therein (including without limitation, all patent rights, design rights, copyrights and trade secret rights). You agree not to (i) copy, modify, or reverse engineer the Service hardware, software, or design, make derivative works based upon the Service, or use the Service to develop any Services, without Raygun’s prior written approval or (ii) sell, license, rent, or transfer the Service to any third party. Raygun (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, for suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service.
2. Raygun claims no intellectual property rights over any of the content or data You upload or add to the Service. All data added to the Service by You or users of Your account retains its original ownership.

1. Raygun is not responsible for any incorrect or inaccurate content posted on the Site or the Service. The Site or the Service may be temporarily unavailable from time to time for maintenance or other reasons. Raygun assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications in respect of the Site or the Service. Raygun is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Site or the Service, including injury or damage to users or to any other person’s computer related to or resulting from use of the Service.
2. To the maximum extent permitted by law, Raygun does not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by You through the Service or the Site will meet Your requirements, and (v) any errors in the Service will be corrected. The Service is provided “as-is” and Raygun disclaims all warranties, whether expressed or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. Raygun cannot guarantee and does not promise specific results from use of the Service. Except in jurisdictions where such provisions are restricted, in no event will Raygun or any of Raygun’s business associates (which for the purposes of these terms will include suppliers, advertisers, referrers, etc.) be liable to You or any third person for any loss of profit, loss of data, loss of revenue, or any indirect, consequential, exemplary, incidental, special or punitive damages, arising Your use of the Service, even if Raygun has been advised of the possibility of such damages.
3. You consent to the identification of Your business as a customer of Raygun on websites, and in other marketing materials (which may include emails and other web and print materials). In connection with such activity, Raygun may also display Your trademarks, service marks, and/or logos in marketing materials. The foregoing shall be deemed a worldwide, non-exclusive and irrevocable license to the use of Your name, trademarks, service marks, and logos for this purpose. The Parties agree that such license and consent shall terminate upon termination of subscription to the Service.

1. You agree to indemnify and hold Raygun, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your use of the Site in violation of this Terms of Service or Your violation of any law or the rights of a third party.

Contracts privity

1. These Terms of Service will not and are not intended to confer any benefit on or create any obligation enforceable at the suit of any person not a party to these Terms of Service.

Entire agreement

2. These Terms of Service and any order form or invoice we issue to You constitute the entire agreement between You and Raygun relating to its subject matter and supersedes all prior agreements, arrangements and understandings, whether verbal or in writing, between You and Raygun relating to that subject matter.
3. To avoid any doubt, the United Nation Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service.

No assignment

4. You will not assign, sub-license, lease, novate or otherwise transfer, share or commercialize, whether in whole or in part, the benefit or burden of any rights, obligations or any interest under these Terms of Service without our prior written consent.

No waiver

5. Unless expressly waived in writing, no failure or delay in a party exercising its rights against the other party under or in relation to these Terms of Service will constitute a waiver, and any waiver of an event will not constitute a waiver of any other event.

Notices

6. We may give notices to You by electronically posting the notice to the Site or by email to the address connected to Your Raygun account.
7. A notice will be considered to be received by You if:

a. electronically posted to the Site, at the time the post is made to that account; or

b. sent by email, at the time the email leaves the communications system of the sender, provided that the sender does not receive any error message relating to the sending of the email at the time of sending.

8. A notice received after 5pm on a Business Day or on a day that is not a Business Day will be considered to be received on the next Business Day.

Severability

9. Should any provision of these Terms of Service be invalid or unenforceable, the remaining provisions will not be affected and the invalid or unenforceable provision will be substituted by a valid and enforceable provision reflecting as closely as possible the parties’ original intent and commercial effect.

Defined terms

1. In this document:

• ‍Business Day means any day of the week, other than a Saturday or a Sunday, or a public holiday in New Zealand.
• ‍party means you or Raygun, parties means both you and Raygun. 
• Raygun, we or us means Raygun Limited (NZ Company number 1899673) and includes its assigns.‍
• Site means Raygun’s website and application.‍
• You or you means you as the customer of the Services.

Interpretation

2. Unless the context requires otherwise, in this document:

a. the singular includes the plural and vice versa;

b. a reference to a document includes that document as modified or replaced from time to time;

c. a reference to a statute includes that statute as amended, repealed or replaced from time to time;

d. a reference to time is to the time in New Zealand, as adjusted for daylight saving;

e. a reference to “include” is to include without limitation, and different grammatical forms of "include" will be interpreted accordingly; and

f. headings are for convenience only and will not affect the interpretation of these Terms of Service.