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Template — have counsel review before launch. This document is a draft for review, not an agreement in force. Highlighted values are not set yet.

Legal

Terms of Service

Effective date not set.

These Terms of Service (“Terms”) are an agreement between {{COMPANY_LEGAL_NAME}}, {{COMPANY_ADDRESS}} (“we”, “us”), and the person or organization accepting them (“you”), for your use of Traza Cloud: the console at app.trazadb.com, the API at api.trazadb.com, and the related services (together, the “Service”).

The Traza engine that the Service runs is open-source software licensed under the Apache License 2.0. These Terms govern the hosted Service only; your use of the engine itself is governed by its license.

1. Accounts

You must provide accurate account information and keep your credentials and API keys secure. You are responsible for activity under your account and your organization’s API keys. An organization’s owners and admins control who is a member and what role they hold. Tell us promptly at legal@trazadb.com if you believe your account has been compromised.

2. Your data

“Customer Data” means the traces, spans, payloads, annotations and other content you or your systems send to the Service. You keep all rights to Customer Data. You grant us a limited right to host, process, transmit and display Customer Data only as needed to provide the Service to you, to keep it secure, and as you direct (for example, when you create a share link or configure an alert destination).

We do not sell Customer Data and do not use it to train machine-learning models. Our handling of personal data is described in the Privacy Policy and, where you act as a controller, the Data Processing Agreement.

You are responsible for having the rights and any notices or consents needed to send Customer Data to the Service, and for not sending data you are prohibited from sharing with us.

3. Retention, export and deletion

Customer Data is retained for the period your plan provides and then expires. You can export Customer Data at any time, on any plan, including while your organization is over its usage cap or has an unpaid invoice. When you delete a project, we erase its data from the cell that holds it and keep a record of the erasure. When you delete your organization, we delete its projects in the same way and cancel any subscription.

4. Plans, fees and usage

Plans, prices, included usage and overage rates are described at https://www.trazadb.com/pricing/. Paid plans are billed in advance for the plan fee and in arrears for any overage you enable, through our payment processor. Fees are exclusive of taxes, which you are responsible for except taxes on our income.

When your organization reaches its included usage and overage is not enabled, the Service stops accepting new spans until the next period or until you change plans; reading and exporting are not affected. If a payment fails, we may pause ingestion after a grace period of seven days.

You may cancel at any time in the billing portal; cancellation takes effect at the end of the current billing period. Except where required by law, fees are non-refundable.

5. Acceptable use

You must follow the Acceptable Use Policy. We may suspend access that violates it or that threatens the security or availability of the Service for others, and will tell you why unless the law or the security of the Service prevents us.

6. Availability and support

Support and any service-level commitment depend on your plan and are described at https://www.trazadb.com/pricing/ and in the Service Level Agreement. We may change the Service, but will not materially reduce the core functionality of a paid plan during your current billing period.

7. Confidentiality and security

We protect Customer Data with the measures described at https://www.trazadb.com/security/. Each party will protect the other’s confidential information with reasonable care and use it only to perform under these Terms.

8. Warranties and disclaimers

The Service is provided “as is” except as expressly stated in these Terms or a written order. To the extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

9. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits or revenue, and each party’s total liability arising out of these Terms is limited to the fees you paid us in the twelve months before the event giving rise to the claim. These limits do not apply to your payment obligations or to either party’s liability that cannot be limited by law.

10. Termination

You may stop using the Service at any time. We may terminate these Terms on thirty days’ notice, or immediately for a material breach that is not cured within fifteen days of notice. After termination you may export your data for thirty days, after which we delete it.

11. Changes

We may update these Terms. For material changes we will give at least thirty days’ notice by email or in the console before they take effect.

12. Governing law

These Terms are governed by {{GOVERNING_LAW}}, without regard to conflict-of-law rules.

13. Contact

{{COMPANY_LEGAL_NAME}}, {{COMPANY_ADDRESS}}. Email: legal@trazadb.com.

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